The Supreme Court, in a 7-2 decision, has extended an injunction that temporarily prevents the Trump administration from deporting Venezuelan immigrants from the United States under the Alien Enemies Act proclamation. The case has been sent back to the 5th U.S. Circuit Court of Appeals to address how much time should be given to detainees to challenge their deportations.
NOTE: The video is from a previous report.
The majority stated that the government failed to provide targeted migrants with sufficient time or information to defend their cases under the wartime authority. The majority emphasized the significant interests of the detainees involved. The short notice given, about 24 hours before deportation and without details on how to exercise due process rights, was deemed inadequate by the majority.
In their decision, the majority highlighted, “The detainees’ interests at stake are accordingly particularly weighty. Under these circumstances, notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster.” However, the majority also acknowledged that determining the precise process necessary to meet constitutional requirements in this case should ideally be done by the lower courts closer to the specific circumstances on the ground rather than by the Supreme Court.
The order applied to migrants held in Texas. The justices did not reach the question of the lawfulness of the removals under the Alien Enemies Act.
“We recognize the significance of the Government’s national security interests as well as the necessity that such interests be pursued in a manner consistent with the Constitution. In light of the foregoing, lower courts should address AEA cases expeditiously,” they wrote.
Justices Samuel Alito and Clarence Thomas dissented.
Lee Gelernt, an attorney for the American Civil Liberties Union, told ABC News in a statement on Friday that the Supreme Court “correctly put a pause” on the use of the Alien Enemies Act.
“For now, this means that no more individuals can be hurried away to a brutal foreign prison, perhaps incommunicado for the rest of their lives,” he said.
Earlier this week, the Trump administration asked the court to lift its injunction, arguing that the migrants it intended to deport under the act were dangerous.
The court’s original order came down as a rare overnight ruling in the early hours on Saturday, April 19, and blocked the administration from deporting the Texas migrants.
-ABC News’ Laura Romero and Ivan Pereira contributed to this report.
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