Supreme Court allows Trump to deport Venezuelans under wartime law
Verdicts & Settlements
The Supreme Court on Monday allowed the Trump administration to use an 18th century wartime law to deport Venezuelan migrants, but said they must get a court hearing before they are taken from the United States.
In a bitterly divided decision, the court said the administration must give Venezuelans who it claims are gang members “reasonable time” to go to court.
But the conservative majority said the legal challenges must take place in Texas, instead of a Washington courtroom.
The court’s action appears to bar the administration from immediately resuming the flights that last month carried hundreds of migrants to a notorious prison in El Salvador. The flights came soon after President Donald Trump invoked the Alien Enemies Act for the first time since World War II to justify the deportations under a presidential proclamation calling the Tren de Aragua gang an invading force.
The majority said nothing about those flights, which took off without providing the hearing the justices now say is necessary.
In dissent, the three liberal justices said the administration has sought to avoid judicial review in this case and the court “now rewards the government for its behavior.” Justice Amy Coney Barrett joined portions of the dissent.
Justice Sonia Sotomayor said it would be harder for people to challenge deportations individually, wherever they are being held, and noted that the administration has also said in another case before the court that it’s unable to return people who have been deported to the El Salvador prison by mistake.
“We, as a Nation and a court of law, should be better than this,” she wrote.
The justices acted on the administration’s emergency appeal after the federal appeals court in Washington left in place an order temporarily prohibiting deportations of the migrants accused of being gang members under the rarely used Alien Enemies Act.
“For all the rhetoric of the dissents,” the court wrote in an unsigned opinion, the high court order confirms “that the detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal.”
The case has become a flashpoint amid escalating tension between the White House and the federal courts. It’s the second time in less than a week that a majority of conservative justices has handed Trump at least a partial victory in an emergency appeal after lower courts had blocked parts of his agenda.
Several other cases are pending, including over Trump’s plan to deny citizenship to U.S.-born children of parents who are in the country illegally.
Trump praised the court for its action Monday.
“The Supreme Court has upheld the Rule of Law in our Nation by allowing a President, whoever that may be, to be able to secure our Borders, and protect our families and our Country, itself. A GREAT DAY FOR JUSTICE IN AMERICA!” Trump wrote on his Truth Social site.
Attorneys from the American Civil Liberties Union filed the lawsuit on behalf of five Venezuelan noncitizens who were being held in Texas, hours after the proclamation was made public and as immigration authorities were shepherding hundreds of migrants to waiting airplanes.
ACLU attorney Lee Gelernt said the “critical point” of the high court’s ruling was that people must be allowed due process to challenge their removal. “That is an important victory,” he said.
Boasberg imposed a temporary halt on deportations and also ordered planeloads of Venezuelan immigrants to return to the U.S. That did not happen. The judge held a hearing last week over whether the government defied his order to turn the planes around. The administration has invoked a “ state secrets privilege ” and refused to give Boasberg any additional information about the deportations.
Trump and his allies have called for impeaching Boasberg. In a rare statement, Chief Justice John Roberts said “impeachment is not an appropriate response to disagreement concerning a judicial decision.”
Related listings
-
Judge gauges if Indiana abortion ban defies religious rights
Verdicts & Settlements 10/11/2022A top Indiana lawyer on Friday questioned the validity of a lawsuit brought by a group of residents who argue that the state’s abortion ban violates their religious freedoms.A judge heard arguments Friday for about an hour in an Indianapolis co...
-
North Carolina repeat offender pleads guilty to wire fraud
Verdicts & Settlements 06/08/2022A North Carolina man has admitted stealing mail from residential mailboxes and using stolen information to commit wire fraud, a federal prosecutor said.Soheil Akhavan Rezaie, 37, entered his guilty plea Tuesday before a U.S. magistrate judge in Charl...
-
Arizona landlords ask high court to invalidate eviction ban
Verdicts & Settlements 08/10/2020Landlord advocacy groups filed a special action with the Arizona State Supreme Court Wednesday seeking to invalidate as unconstitutional Gov. Doug Ducey's moratorium on evictions of people who have missed rent payments because they became ill or lost...

Victorville CA DUI defense Attorneys
The outcome of a DUI defense will have a long-term effect on anyone’s life, making the decision to receive legal representation an easy one. The fact is, most people accused of a DUI are first offenders with no criminal background. Whether this is your first run in with the law or you have had previous convictions, you are in need of a DUI defense attorney.
The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case.
Our attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you. .