Pro-migrant advocates file new lawsuits challenging Trump's use of Alien Enemies Act
It seemed on Monday that President Donald Trump's invocation of the Alien Enemies Act of 1798 to swiftly detain and deport certain dangerous illegal alien criminals and gang members was given a green light to proceed by the Supreme Court.
Yet, almost immediately after the high court issued its ruling, pro-immigration activists filed new lawsuits to challenge Trump's use of the AEA to rapidly remove illegal alien gang members from enemy nations, Breitbart reported.
That is because the Supreme Court's ruling didn't really address questions about the rarely invoked 18th-century law and instead based its decision to vacate a lower court's injunction on jurisdictional issues.
Trump's invocation of the Alien Enemies Act challenged
In March, President Trump invoked the Alien Enemies Act of 1798 against the Venezuelan Tren de Aragua gang, which ostensibly allows for the immediate detention and deportation of the designated group's members without a hearing or court order, and hundreds were subsequently sent to El Salvador to be incarcerated in that country's notorious maximum security prison facility.
Washington D.C. District Court Judge James Boasberg blocked the administration from moving forward with that effort, and his decision was upheld by a Fourth Circuit appellate panel, which prompted an emergency appeal to the Supreme Court on Monday.
According to SCOTUSblog, in a 5-4 unsigned order that declined to directly address the challenged law, the Supreme Court lifted the blocks imposed by Boasberg on the basis that he lacked jurisdiction because the challenges should have been filed in the districts where the deportable criminal illegal alien gang members were detained.
However, the high court also unanimously agreed that the detainees deserved a modicum of due process in the form of receiving "notice and an opportunity to challenge their removal" before being deported.
The situation was perhaps best summarized in a concurrence from Justice Brett Kavanaugh, who wrote that "the Court’s disagreement is not over whether the detainees receive judicial review of their transfers -- all nine Members of the Court agree that judicial review is available. The only question is where that judicial review should occur."
New lawsuits filed to challenge AEA
The Washington Post reported that pro-immigration advocates, including the American Civil Liberties Union, quickly filed new lawsuits in the appropriate districts to challenge President Trump's use of the AEA to rapidly detain and deport alleged Venezuelan TdA gang members.
ACLU attorney Lee Gelernt said, "Contrary to the administration’s wishful characterization, the Supreme Court emphatically rejected the government’s position that they could whisk people away without giving them an opportunity to challenge their removal to a foreign prison."
"The Court simply issued a technical ruling that the challenges should be brought by habeas corpus, but in no way remotely suggested the Trump administration would win these challenges," the lawyer added.
For the administration's part, a Justice Department spokesperson said the DOJ "has vigorously defended President Trump’s policies and will continue to do so whenever challenged in federal court by rogue judges who think they can control the President’s foreign policy and national security agenda. The Supreme Court’s recent decisions have validated the DOJ’s ongoing arguments to this end in court."
Trump stands firm
As for President Trump, he wrote on Monday in a Truth Social post, "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!"
And, in a Tuesday night speech, Trump asserted, "Last month, we officially designated Tren de Aragua, MS-13, and the Mexican drug cartels as foreign terrorist organizations -- and thanks to the Supreme Court yesterday ... we will continue to deport these monsters under the Alien Enemies Act."