The ruling is 7-2 against the Trump Admin (Trump/Steven Miller) ….
Not a surprise since Abrego Garcia is STILL in a El Savidor prison after the High Court wanted him returned and Trump & Co Have Been ‘Gaming’ the Federal Judges and Courts on this….
As expected….
Only Judges Alito and Thomas have Trump’s back and opposed todays ruling….
The Majority of the Court REALLY had no choice on continuing the hold against this effort…
The case is NOT actually being handled just itself….
The court will be waiting for the 5th Federal Circuit Court to rule….
In doing this?
It would seem that despite yesterdays appearance that the court was looking for some cases against the admin to be ‘class actions’?
The court IS saying that it HAS the Federal Court in this case’s back….
We’ll see how Trump , Miller and Noem (None of whom are lawyers) handle the evident setback….
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 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. He was joined by Justice Clarence Thomas.
The ruling deals a sharp blow to the Trump administration’s efforts to deploy the wartime law to pursue swift, sweeping deportations of Venezuelan migrants accused of being members of Tren de Aragua, a violent gang.
It also suggests that a majority of the justices may be skeptical of whether the migrants have been afforded enough due process protections by the administration before they are deported, potentially to a prison for terrorists in El Salvador.
The Trump administration has attempted to use the law as a tool in its signature initiative to speed the deportation of millions of migrants, leading to a clash with a skeptical judiciary….
…
Friday’s order came after a high-stakes legal fight between the Trump administration and lawyers from the American Civil Liberties Union in one of those challenges. The lawyers rushed to the court on April 18 after getting word that Venezuelan migrants detained in Texas and accused of being members of Tren de Aragua, a Venezuelan gang, had received notices of imminent removal and were being loaded on buses, presumably to be taken to the airport.
The group quickly filed a lawsuit in a federal trial court in Abilene, Texas, on behalf of two of the Venezuelans held at the detention center. Justice Department lawyers responded, telling a trial court judge that they had no immediate plans to deport the detainees.
The judge, James W. Hendrix, who was appointed during the first Trump administration, declined to issue an order temporarily blocking the deportations.
The A.C.L.U. subsequently asked the Supreme Court to act instead….
Judge says DOJ’s explanation for state secrets privilege in Abrego Garcia case ‘insufficient’
The federal judge overseeing the case of Kilmar Abrego Garcia, the man mistakenly deported to El Salvador, blasted the Trump administration Friday for not giving her enough material to decide whether it can invoke the state secrets privilege.
U.S. District Judge Paula Xinis said a declaration submitted by Secretary of State Marco Rubio, which seeks to avoid handing over certain documents by citing national security concerns, was “insufficient” and the government needed to show its work as to why the privilege applies….
Trump administration acknowledges another error in a high-profile deportation
When a Guatemalan man sued the Trump administration in March for deporting him to Mexico despite a fear of persecution, immigration officials had a response: The man told them himself he was not afraid to be sent there.
Immigrations and Customs Enforcement officials now say they have no record of anyone being told by the man, identified only by the initials O.C.G. in court papers, that he was unafraid of going to Mexico. The error, they say, was attributable to a “software tool” known as ICE’s “ENFORCE alien removal module” that tracks individual deportation cases and allows staff to insert comments.
“Upon further investigation … ICE was unable to identify an officer or officers who asked O.C.G. if he feared a return to Mexico,” said Brian Ortega, assistant field office director for ICE’s Enforcement and Removal Operations, in a sworn statement to the federal judge overseeing the lawsuit.
But in a late Friday court filing, the administration acknowledged that this claim — a key plank of the government’s response to a high-stakes class action lawsuit — was based on erroneous information….
More….
Attn: ICE
I have no relation to OCG