SCOTUS OKs Alien Enemies Act with a Provision

The U.S. Supreme Court ruled in favor of the Trump Administration, allowing it to continue the deportation of individuals suspected of being members of the Venezuelan Tren de Aragua gang under the Alien Enemies Act of 1798.

The ruling overturns a previous order by Judge James Boasberg that temporarily blocked these deportations.

The unsigned decision in the case, the most closely watched emergency appeal pending at the Supreme Court, lets Trump invoke the 1798 law to speed removals while litigation over the act’s use plays out in lower courts. The court stressed that people deported going forward should receive reasonable notice that they are subject to the act and an opportunity to have their removal reviewed.

The court’s three liberal justices dissented from the decision, and Justice Amy Coney Barrett, a so-called member of the court’s conservative wing, partially dissented.

The latter sounds problematic. It means costly delays. Lawyers will demand endless proof the criminals deserve deportation and left-wing judges will want to protect them.

“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 justices wrote, adding: “The detainees subject to removal orders under the AEA are entitled to notice and an opportunity to challenge their removal.”

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