The United States Supreme Court on Monday allowed the Trump administration to use an 18th -century war law to deport Venezuelan migrants, but said that they must have a judicial audience before they are taken from the United States.
In a bitterly divided decision, the court said that the administration must give the Venezuelans who claim that they are the members of the band « reasonable time » to go to court.
But most conservative said that legal challenges must take place in Texas, instead of a Washington court room.
The court’s action seems to have immediately resumed the flights that last month took hundreds of migrants to a well -known prison in El Salvador. The flights took place shortly after the President of the United States, Donald Trump, invoked the Alien Enemies Act (AEA) for the first time since World War II to justify deportations under a presidential proclamation calling for the Aragua Train Colla a invasive force.
Most did not say anything about these flights, which took off without providing the judges now say that it is necessary.
In dissent, the three liberal judges said that the administration has sought to avoid the court review in this case and the court « is now rewarding the government for its behavior ». Justice Amy Cope Barrett joined the portions of dissent.
Justice Sonia Sotomayor said that it would be more difficult for people to challenge deportations individually, wherever they are maintained and said that the administration also said in another case before the court that it is unable to return people who have been deported to El Salvador’s prison by mistake.
« We, as a nation and a law court, should be better than that, » he wrote.
The justice acted on the administration’s emergency appeal after the Washington Federal Appeal Court left an order that temporarily banned the migrants accused of being members of the band under the AEA rarely used.
« For all the rhetoric of dissidents, » the court wrote in an unsigned opinion, the Order of the Supreme Court confirms « that detainees subject to the AEA withdrawal orders have the right to notice and an opportunity to challenge their withdrawal. »
Climb the tension
The case has become a point of view in the midst of the growing tension between the White House and the federal courts. It is the second time in less than a week that most conservative judges have given Trump at least a partial victory in an emergency appeal after the lower courts had blocked parts of their agenda.
There are several outstanding cases, including the Trump plan to deny citizenship to the children of parents born in the United States who are in the country illegally.
Trump praised the court for his action on Monday.
« The Supreme Court has confirmed the rule of law in our nation allowing a president, whoever, to be able to secure our borders and protect our families and our country, a great day for justice in America! » He wrote to his real social place.
The lawyers of the American Civil Liberties Union (ACLU) filed the demand on behalf of five Venezuelan non -citizens who were retained in Texas, hours after the proclamation became public and, as immigration authorities passed to hundreds of migrants to wait.
ACLU’s attorney Lee Gerarnt said that the « critical point » of the ruling of the high court was that the process must be allowed for the process due to challenge their retirement. « It’s an important victory, » he said.
Boasberg imposed a temporary stop on deportations, and also ordered that Planeloads of Venezuelan immigrants return to the United States not to happen. The judge held an audience last week as to whether the government challenged its order to turn around the planes. The administration has invoked a « privilege of state secrets » and has refused to give Boasberg additional information on deportations.
Trump and his allies have requested that Boasberg prevent. In A rare statementThe chief judge, John Roberts, said that « arrest is not a suitable response to disagreement over a court decision. »
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