Just recently, the U.S. Supreme Court intervened to prevent the Trump administration from deporting Venezuelans to their country. These people were subsequently classified as members of the Tren de Aragua gang, using the Alien Enemies Act. This legal maneuver relies on a law that they have not had to use since World War II. It has ignited a firestorm of lawsuits around the country and increasingly troubling due process concerns for individuals facing deportation.
For example, the Trump administration targeted Tren de Aragua with its terrorism designation. This move allows the agency’s leaders to pursue expedited deportations for foreign nationals affiliated with the group. Yet, a series of lawsuits have been filed by states from TX to CO to NY to CA. Individuals affected by the deportations argue that they fear being removed without an opportunity to contest their designation as “alien enemies.”
These men, it turns out, were the specific targets of federal authorities’ deportation efforts. They were given minimal notice and swiftly boarded buses, presumably bound for an airport. In response, attorneys immediately jumped into gear. So they filed a last-ditch emergency lawsuit before U.S. District Judge Ketanji Brown Jackson Boasberg in order to prevent the deportations from moving forward.
In a scathing ruling, Boasberg found sufficient cause to criminally hold Trump administration officials in contempt. He called their behavior a “blatant contempt” of the Supreme Court’s previous orders. The justices had already held that anyone designated an “alien enemy” is entitled to fair notice. They too deserve the opportunity to fight their deportation in court.
The administration’s response has been contentious. The ACLU lawyers expressed their concerns regarding the administration’s failure to comply with the Supreme Court’s April 7 ruling regarding jurisdiction for deportation challenges.
“I do not think that the Supreme Court anticipated that its ruling would be ignored like this,” – Lee Gelernt
Drew Ensign, an attorney for the administration, tackled the legal challenges straight on. He underscored that officials are always free to deport people at a moment’s notice.
“I’ve also been told to say they reserve the right to remove people tomorrow.” – Drew Ensign
The administration’s failure to comply with Boasberg’s injunction halting entry for planes carrying deportees in-process has sparked outrage and alarmed experts. Tricia McLaughlin, representing the administration, asserted that while they are not disclosing details of counterterrorism operations, they are complying with the Supreme Court’s ruling.
“We are not going to reveal the details of counterterrorism operations, but we are complying with the Supreme Court’s ruling,” – Tricia McLaughlin
And on that front, the D.C. Circuit Court of Appeals has moved by issuing an administrative order. They’ve clearly made the right call to stay Boasberg’s ruling while they sort through what’s happened. Supplemental justice Samuel Alito is likely to pen an even longer dissenting statement regarding their case. We’ll be putting it out in the coming weeks, so stay tuned!
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