First federal judge approves Trump’s use of Alien Enemies Act for deportations – Washington Examiner
A federal judge in Pennsylvania has ruled in favor of President Donald Trump’s invocation of teh Alien Enemies Act to expedite the deportation of certain illegal immigrants. This ruling marks the first judicial approval of the act for such purposes,as Judge Stephanie Haines,a Trump appointee,accepted Trump’s claim that the Venezuelan gang Tren de Aragua poses a “predatory incursion,” a necessary condition for the act’s submission. Despite previous rejections of Trump’s attempts to utilize this 1798 law by other federal courts, Judge Haines deemed his proclamation sufficient.
the ruling also highlighted issues with the notification process for detainees facing deportation under the Alien Enemies Act, stating that individuals must receive a 21-day notice and an opportunity to contest their deportation. This ruling follows a Supreme Court decision earlier in the year that permitted Trump’s use of the act while ensuring detainees could file habeas corpus petitions.Though, the legal interpretation and implementation of the act have resulted in conflicting opinions across different jurisdictions, complicating the administration’s deportation efforts further. The White House is also considering suspending habeas corpus to expedite deportations,citing constitutional provisions regarding invasions.
First federal judge approves Trump’s use of Alien Enemies Act for deportations
A federal judge in Pennsylvania ruled in favor of President Donald Trump‘s use of the Alien Enemies Act, marking the first time a judge has approved of the centuries-old law as a tool for expediting deportations of some illegal immigrants.
Judge Stephanie Haines of the U.S. District Court for the Western District of Pennsylvania gave Trump his first ruling accepting his assertion that the Venezuelan gang Tren de Aragua is committing a “predatory incursion,” a requirement for invoking the Alien Enemies Act. Several other federal courts have rejected Trump’s efforts to use the 1798 law, but Haines, a Trump appointee, found his March proclamation “sufficient.”
“When this Court applies that definition to the Proclamation and its finding that TdA is committing a ‘predatory incursion,’ the Court holds that the Proclamation complies with the AEA,” the ruling said.
The court also found that the Trump administration’s notice to those subject to the Alien Enemies Act is “insufficient” and ordered detainees be given a 21-day notice and an “opportunity to be heard” before their deportations, along with a clear notice which shows the detainee is subject to the AEA and access to Spanish language interpreters for any hearings.
“The Court recognizes that it may need to conduct further analysis and consider additional issues related to the specifics of notice in the future. However, at this preliminary stage of this case, the Court finds that the foregoing is appropriate and complies with the law,” the order said.
The Supreme Court earlier this year issued an order allowing the Trump administration to use the Alien Enemies Act but ruled that affected individuals must be allowed to file habeas corpus petitions.
Since the Supreme Court’s ruling, several federal district courts have ruled on various cases regarding Trump’s invocation of the Alien Enemies Act. The president’s use of the law has been blocked in some jurisdictions, after the high court declined to rule on whether the law allows Trump to carry out the deportations.
The variety of rulings have also seen conflicting opinions from different Trump-appointed judges on whether detainees may band together for their legal proceedings challenging their removal, or whether courts need to consider the deportation cases individually.
One Alien Enemies Act case, pertaining to migrants in the Northern District of Texas, went to the Supreme Court, and the high court in a late night order blocked the deportation of a group of Venezuelans. Justice Samuel Alito offered a sharp dissent to the decision, calling it “unprecedented and legally questionable relief.”
TRUMP JUDGES SPLIT OVER GROUPING DEPORTATION CASES TOGETHER OR HANDLING INDIVIDUALLY
As the courts hear challenges to different Alien Enemies Act deportations, White House Deputy chief of staff Stephen Miller said Friday the administration was “actively looking at” suspending habeas corpus as a way to speed up deportations.
“The Constitution is clear, and that, of course, is the supreme law of the land, that the privilege of the writ of habeas corpus can be suspended in time of invasion,” Miller told reporters at the White House. “So, I would say that’s an option we’re actively looking at.”
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