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Nonilex
@Nonilex@masto.ai  ·  activity timestamp last month

The admin deported people it designated as Tren de Aragua members to a notorious prison in #ElSalvador where, it argued, #US #courts could not order them freed.

In a deal announced in July, more than 250 of the deported immigrants returned to #Venezuela.

The #AlienEnemiesAct was only used 3 times before in US history, all during declared #wars — in the War of 1812 & the two World Wars.

#Trump #law#ImmigrationLaw #immigration#5thCircuit#AbuseOfPower#Constitution#DueProcess #rendition

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Nonilex
@Nonilex@masto.ai replied  ·  activity timestamp last month

The #Trump admin unsuccessfully argued that courts cannot second-guess the president’s determination that Tren de Aragua was connected to #Venezuela’s government & represented a danger to the #US, meriting use of the act.

In a 2-1 ruling, the judges said they granted the preliminary injunction sought by the plaintiffs because they “found no invasion or predatory incursion” in this case.

#law#AlienEnemiesAct#ImmigrationLaw #immigration#5thCircuit#AbuseOfPower#Constitution#DueProcess

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Nonilex
@Nonilex@masto.ai replied  ·  activity timestamp last month

The decision bars #deportations from #Texas, #Louisiana & #Mississippi. In the majority were US Circuit Judges Leslie Southwick, a George W. Bush appointee, & Irma Carrillo Ramirez, a Joe Biden appointee. Andrew Oldham, a #Trump appointee, dissented.

The majority opinion said Trump’s allegations about Tren de Aragua do not meet the historical levels of national conflict that #Congress intended for the act.

https://s3.documentcloud.org/documents/26081114/ca5-aea.pdf

#law#AlienEnemiesAct#ImmigrationLaw #immigration#5thCircuit

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Nonilex
@Nonilex@masto.ai replied  ·  activity timestamp last month

“A country’s encouraging its residents & citizens to enter this country illegally is not the modern-day equivalent of sending an armed, organized force to occupy, to disrupt, or to otherwise harm the United States,” the judges wrote.

In a lengthy dissent, Oldham complained his two colleagues were second-guessing Trump’s conduct of foreign affairs & national security, realms where courts usually give the president great deference.

#Trump #law#AlienEnemiesAct #immigration#5thCircuit

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Nonilex
@Nonilex@masto.ai replied  ·  activity timestamp last month

“The majority’s approach to this case is not only unprecedented—it is contrary to more than 200 years of precedent,”Oldham wrote [ridiculous].

The panel did grant the #Trump admin one legal victory, finding the procedures it uses to advise detainees under the #AlienEnemiesAct of their legal rights is appropriate.

The ruling can be appealed to the full #5thCircuit or directly to the #SCOTUS, which is likely to make the ultimate decision on the issue.

#law #immigration#Constitution#DueProcess

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