Saturday, April 19, 2025

Trump Still Defying SCOTUS!

Don't worry, we still deporting them. The Supreme Court doesn't matter.

It will be a constitutional crisis.

The Supreme Court ruled against the Trump administration's use of the Alien Enemies Act. In a 7-2 decision with Samuel Alito and Clarence Thomas dissenting, the Court said that Trump, Homeland Security Secretary Kristi Noem, Border Czar Tom Homan and Attorney General Pam Bondi overstepped their actions. 

They failed at using due process when they used the Immigration and Customs Enforcement agents to arrest civilians off the street. 

The suit was filed by the American Civil Liberties Union (ACLU) and Democracy Forward on March 15, 2025. The same day, Trump announced that the Venezuelan criminal gang Tren de Aragua was conducting "irregular warfare" against the United States and that members in the United States would be deported under the AEA. The Trump administration quickly began the process of deporting Venezuelans allegedly affiliated with this gang on flights to El Salvador.

While the deportation flights were en route, James Boasberg, chief judge of the US District Court for the District of Columbia was assigned to the case. He issued an order certifying Venezuelan migrants in the US as members of a class and temporarily enjoining their removal from the US. Although Boasberg specifically ordered that any planes in the air carrying those covered by his order be turned back and those individuals returned to the US, the Trump administration allowed the flights to proceed, potentially violating the court order. Over 260 men were flown to El Salvador, where the migrants were taken into custody and sent to the Terrorism Confinement Center (CECOT). The Trump administration subsequently argued in court that the order did not apply because the flights were over international waters. Critics of the government alleged it was improperly using wartime authority to carry out its immigration policies without due process. The Trump administration appealed the temporary restraining order to the Court of Appeals for the District of Columbia, and after that court denied the appeal, the administration filed an emergency appeal with the US Supreme Court, which vacated Boasberg's temporary restraining order, but said intended deportees must be notified in time that they can petition for a writ of habeas corpus.

On March 24, Judge Boasberg ruled that the government cannot deport anyone under the AEA without a hearing. As of April 3, he was considering initiating contempt of court proceedings against the Trump administration.

Trump is defying the Supreme Court as we speak. He will continue to push for deporting immigrants who he alleges are gang members, critics of American policies, antisemitic and from countries hostile to the U.S. and Israel.

Fascism is here.

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