The Trump administration will not be allowed to deport a group of Venezuelan detainees accused of being members of a violent gang under a rarely invoked wartime law while the matter is litigated in the courts, the Supreme Court said on Friday.
The justices sent the case back to a federal appeals court, directing it to examine claims by the migrants that they could not be legally deported under the Alien Enemies Act, the centuries-old wartime law invoked by the Trump administration. The justices said the appeals court should also examine what kind of notice the government should be required to provide that would allow migrants the opportunity to challenge their deportations.
The court said its order would remain in place until the U.S. Court of Appeals for the Fifth Circuit ruled and the Supreme Court considered any appeal from that ruling.
Justice Samuel A. Alito Jr. wrote a dissent, arguing that the justices had no authority to hear the dispute at this stage. He was joined by Justice Clarence Thomas.
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In their order, the justices said that the stakes facing the detainees are “particularly weighty,” citing the case of a Maryland man, Kilmar Armando Abrego Garcia, who was “deported in error” to the El Salvador prison in March. So far, the Trump administration has said it is unable to bring him back, despite an order from the justices to “facilitate” his return.
Under such circumstances, the justices wrote, “notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster.”
President Trump reacted with fury to the ruling. “THE SUPREME COURT WON’T ALLOW US TO GET CRIMINALS OUT OF OUR COUNTRY!” he said on social media. In a subsequent post, he wrote, “The Supreme Court of the United States is not allowing me to do what I was elected to do,” and called it “a bad and dangerous day for America.”
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