WASHINGTON: The US Supreme Court, in a dramatic nighttime intervention Saturday, paused President Donald Trump’s unprecedented use of an obscure law to deport Venezuelan migrants without due process.
The emergency ruling, delivered in two terse paragraphs, noted that two of the most conservative of the nine justices had dissented.
The order temporarily prevents the government from continuing to expel migrants under the 1798 Alien Enemies Act last used to round up Japanese-American citizens during World War II.
Trump invoked the law last month to deport Venezuelans to a notorious prison in El Salvador. The unusual decision was triggered by imminent plans late Friday to expel dozens more Venezuelans under the Act, meaning they would have been deported with next to no ability to hear evidence against them or challenge their cases.
The court said the government is directed not to remove any member of the putative class of detainees from the United States until further order.
Trump justifies summary expulsions and the detention of people in El Salvador by insisting that he is cracking down on violent Venezuelan criminal gangs now classified by the US government as terrorists.
But the policy is fueling opposition concerns that the Republican is ignoring the US constitution in a broader bid to amass power. The row over the Alien Enemies Act comes amid muscular assaults by the administration on big law firms, Harvard and other universities, and major independent media outlets. The American Civil Liberties Union, which took the lead in seeking to halt Friday’s planned deportations, welcomed the Supreme Court ruling.
These men were in imminent danger of spending their lives in a horrific foreign prison without ever having had a chance to go to court. We are relieved that the Supreme Court has not permitted the administration to whisk them away the way others were just last month, lead attorney Lee Gelernt said. Trump’s election last November was won in large part on his aggressive promises to combat what he has repeatedly claimed is an invasion of violent migrants.
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