By Mark Sherman
Washington (AP) – The Supreme Court allowed the Trump administration on Monday to use a 18th century war law to expel Venezuelan migrants, but said they had to obtain an audience before being taken from the United States.
In a bitterly divided decision, the court said that the administration should give the Venezuelans who, according to this, are gang members “of reasonable time” to go to court.
But the conservative majority said that legal challenges should take place in Texas, instead of a Washington courtroom.
In dissent, the three liberal judges declared that the administration had sought to avoid a judicial examination in this case and that the court “now rewards the government for its behavior”. Judge Amy CONEY BARRETT joined parts of dissent.
The judges acted on the administration’s emergency call after the Washington Federal Court of Appeal left an order temporarily prohibiting the deportations of migrants accused of being gang members under the law rarely used enemies of enemies.
“Despite all the rhetoric of dissidents,” the court wrote in an unconted opinion, the High Court order confirms “that the detainees subject to referral orders under the AEA have the right to note and the opportunity to challenge their withdrawal.”
The case has become a flash point in the midst of growing tension between the White House and the Federal Courts.
The Attorney General Pam Bondi described the court’s decision “a historic victory for the rule of law”.
“A militant judge in Washington, DC does not have competence to take control of President Trump’s power to conduct a foreign policy and ensure the security of the American people,” said Bondi in a social media position.
The initial ordinance blocking deportations to El Salvador was issued by the American district judge James E. Boasberg, the chief judge of the Washington Federal Justice Palace.
President Donald Trump invoked the law on extraterrestrial enemies for the first time since the Second World War to justify the expulsion of hundreds of people under a presidential proclamation calling for the Gang Tren of Aragua a force of invasion.
The lawyers of the American Civil Liberties Union filed a complaint in the name of five non-Citoyians Venezuelans who were detained in Texas, a few hours after the establishment of the proclamation and, because the immigration authorities brought hundreds of migrants to pending planes.
Boasberg imposed a temporary stop on deportations and also ordered the planns of VenezueLier immigrants to return to the United States which has not occurred. The judge held a hearing last week to find out if the government challenged his order to overthrow planes. The administration invoked a “privilege of state secrets” and refused to give Boasberg any additional information on deportations.
Trump and his allies called for the dismissal of Boasberg. In a rare declaration, chief judge John Roberts said that “accusation is not an appropriate response to disagreement concerning a judicial decision”.
The writer Associated Press, Lindsay Whitehurst, contributed to this report.
Originally published:
California Daily Newspapers
