The United States Supreme Court has ordered Donald Trump’s government that no sport of a group of at least thirty Venezuelan immigrants who were at the Texas Bluebonnet detention center. The authorities planned to transfer them to El Salvador using a law of 1798 provided for for times of war, the Law of Foreign Enemies, to imprison them in the High Security Prison of Nayib Bukele. A waiting period opens until a lower court, the corresponding to the fifth circuit or judicial district of the United States, is pronounced.
“An application has been filed before court on behalf of a putative group of detainees requesting a court order against their expulsion under the Law of Foreign Enemies. The matter is currently pending before the fifth circuit. Once the fifth circuit is pronounced, the Attorney General is invited to present an answer to the request before this Court as soon as possible. The government is ordered that the United States does not expel from the United States. new order of this court ”,
The court resolution indicates that Judges Clarence Thomas and Samuel Alito have voted against the decision of extremely conservative ideology. Alito will publish a particular vote explaining the reasons for his disagreement. The seven eight judges, four conservatives and three progressive, have supported the decision.
On Friday, two federal judges refused to intervene when immigrants initiated a desperate legal campaign to prevent deportation. The Court of Appeals of the Fifth Circuit of the United States has not yet pronounced in this regard. One of the judges said that the case raised legitimate concerns, but that he could not rule on it after the orders against deportation could only come from judges of the jurisdictions where immigrants were.
Trump is using an approved law for war times to expel immigrants by fast track. He accuses them of belonging to armed bands, but without proven in a judicial procedure or offering guarantees to the detainees. The Administration deported by mistake a Salvadoran immigrant who was legally in the United States, but instead of trying to return it, he has dedicated himself to insistently denigrate him.
The foreign enemies law has only been invoked three times before in the history of the United States, the most recent during World War II to recruit Japanese-American civilians in internment fields. The Trump administration argued that it gave them power to quickly expel immigrants to identify as members of the band, regardless of their immigration status.
In a recent decision, a Supreme Court divided allowed Trump, with five votes in favor and four against, to continue using the law, but without ruling on the fund. That resolution did indicate and must have a “reasonable time” to go to court.
The majority resolution indicated that “despite all the rhetoric of the [juezas] Disidents “, the important thing is that their ruling confirms” that detainees subject to expulsion orders under the Law of Foreign Enemies have the right to be notified and to have the opportunity to challenge their expulsion. “
In their particular vote, they argued that the law under which deportations only grants the president to stop and expel foreign citizens from a “nation or hostile government” when “there is a declared war” with that country or when a “foreign nation” threatens with an “invasion or predatory incursion” against the territory of the United States.
“Until today, the presidents of the United States have only invoked the Law of Foreign Enemies three times, each in the context of an ongoing war: the War of 1812, World War and World War Alonger, there is no ongoing war between the United States and Venezuela.
The magistrates warned about the authoritarian drift that involves the application of a law without guarantees, skipping the literalness of the norm and with a government that alleges that, once the deportees are expelled and imprisoned, they can no longer return them to the country even if they recognize their error. “The consequence of the government’s position is that not only the non -citizens, but also the US citizens could be taken from the streets, forced to climb to airplanes and confined in foreign prisons without the possibility of repair if the judicial review is illegally before the expulsion. The story is not alien to these regimes without law, but the system of law Magistrates.
