Daily Caller: ‘Does Not Pass Muster’: Supreme Court Keeps Block On Trump Deportations Under Alien Enemies Act

This article was written by Katelynn Richardson and published in the Daily Caller.

The Supreme Court maintained a block preventing the Trump administration from deporting alleged Venezuelan gang members under the Alien Enemies Act (AEA).

In a 7-2 decision, the court affirmed its earlier order issued in a late-night April ruling blocking deportations under the AEA, finding the Fifth Circuit “erred in dismissing the detainees’ appeal for lack of jurisdiction.”

“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,” the majority wrote.

“But it is not optimal for this Court, far removed from the circumstances on the ground, to determine in the first instance the precise process necessary to satisfy the Constitution in this case,” the opinion continues. “We remand the case to the Fifth Circuit for that purpose.”

The justices made clear that they were not ruling on the merits of using the AEA to remove migrants.

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