At least temporarily
Supreme Court grants Trump request to lift stay halting Venezuelan deportations
The Supreme Court on Monday granted President Donald Trump’s request to vacate a lower court’s ruling barring the administration from using a 1798 wartime immigration law to immediately deport Venezuelan nationals – including alleged members of the Tren de Aragua gang – from the U.S., marking a significant victory for the administration as it advances key immigration priorities.
Justices on the high court ruled 5-4 to grant the administration’s request to lift the stay, in a temporary victory for Trump and his allies.
At issue was the Alien Enemies Act, or the immigration law passed by Congress in 1789 to immediately remove certain migrants from U.S. soil.
Lawyers for the Trump administration had urged the court to vacate the lower court ruling, arguing in a Supreme Court filing that the lower court orders “rebuffed” their immigration agenda, including their ability “to protect the Nation against foreign terrorist organizations and risk debilitating effects for delicate foreign negotiations.”
Well, that’s good an all in a nutshell, but, let’s go to MSNBC, if you can believe it, because, did you notice the 5-4 decision?
A divided Supreme Court vacated temporary restraining orders issued by a federal judge in Washington, D.C., which had halted certain deportations under the Alien Enemies Act. The court split 5-4, with Republican appointees in the majority and Trump appointee Amy Coney Barrett dissenting alongside the court’s three Democratic appointees.
I hate to say she has become a disappointment, because I appreciate when Judges follow the Constitution and the law, but, she sure seems to be voting with the liberals quite a bit on big cases, eh?
In an unsigned “per curiam” ruling, the majority said detainees must bring their challenges in habeas corpus proceedings and must do so where they are confined. “The detainees are confined in Texas, so venue is improper in the District of Columbia,” the majority said.
The majority also said detainees under the act “must receive notice after the date of this order that they are subject to removal under the Act. The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.”
The Trump admin should have an immigration judge on hand to adjudicate before they are packed on planes and shipped out.
Writing a dissent joined by the other two Democratic appointees and partially by Barrett, Justice Sonia Sotomayor called the majority’s legal conclusion “suspect.” She said the court granted the government “extraordinary relief” and said the court did so “without mention of the grave harm Plaintiffs will face if they are erroneously removed to El Salvador or regard for the Government’s attempts to subvert the judicial process throughout this litigation.”
What of the grave harm to American citizens from murderers, rapists, child predators, and gang members?
Read: SCOTUS Rules In Trump’s Favor On Keeping The Venezuelan Repatriation Flights Going »