At the beginning of the United States, the United States Supreme Court detained the administration of President Donald Trump from the deportation of Venezuelan men in immigration detention after their lawyers found that they were inevitable removal without a court review previously ordered by judges.
“The government consists in not to remove any member of the alleged class detained from the United States until further order of that court,” said the judges in a short, unsigned decision.
Conservative judges Clarence Thomas and Samuel Alito publicly disagreed with the decision, issued around 12:55 et.
American Civil Liberties Union (ACLU) lawyers submitted urgent conclusions on Friday in many courts, including the Supreme Court, calling on immediate actions after reporting that some men were already loaded into buses and it was said that they would be deported.
Acl said that quick achievements meant that the administration was able to deport men, applying the law from 1798 – which was historically employed only during the war – without giving a realistic possibility of challenging their removal, as required by the Supreme Court.
The White House did not answer immediately at the request to comment on the decision of the Supreme Court.
Perspective of the constitutional crisis
The matter raises questions on compliance with the boundaries of Trump's administration established by the Supreme Court. It carries the risk of a significant clash between two equal government units and a potentially full constitutional crisis.
Elected last year with the promise of the breakup of migrants, Trump cited the Act on foreign enemies from 1798, trying to quickly deport the accused members of Tren de Aragua, a criminal gang from Venezuelan prisons that his administration defines the terrorist group.
The law has recently been used to stop the Japanese, German and Italian unacceptable origin during World War II.
The president and his older helpers stated that their executive power gives them broad power in immigration matters, testing the balance of power between government troops.
During the hearing on Friday, a government lawyer said in a related case that he was not aware of the plans of the Internal Security Department to deport men that day, but deportations could occur on Saturday.
Trump won one victory on Friday when suspended Court of Appeal The threat of district judge James Boasberg for the allegations of contempt.
Boasberg also rejected ACLU's request to block Trump before the deportation of suspicious members of Tren de Aragua, citing the Supreme Court's decision of April 7, which allowed Trump to take advantage of the Act on alien enemies, although with certain borders.
Boasberg said he was afraid that the government was deporting additional people on Saturday, but it was: “At that moment I don't think I would do something about it.”
Trump previously called for Boasberg's impeachment after an unfavorable ruling, which caused a rare reprimand from the main judge John Roberts.
While one trial took place in Boasberg's court, Acl worked on a separate track to stop the deportations of Venezuelans that took place in Texas.
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ACLU lawyers submitted an application to the Supreme Court after they did not receive a quick response from previous applications on Friday – before the US District Judge James Hendrix in Abilene, Texas and the fifth court of Appeal in the USA in New Orleans – in order to block such deportations.
In the Saturday decision, the Supreme Court invited the administration to answer ACLU after the fifth circuit was launched.
Forms indicated men are members of the gang, says ACLU
Acl said that the men received forms indicating that they were classified as members of Tren de Aragua.
The point is whether the Trump administration has met the Supreme Court's standard consisting in ensuring the proper trial of detainees before sending them to another country – perhaps to a notorious prison in Salvador, where others are imprisoned.
On Friday it was not clear how many people were potentially deported and where they could be taken.
Aclu submitted a photo of one of the notifications in court.
“You have been determined as a foreign enemy subject to detention, reduction and removal”, read the notification. The recipient's name was covered and it was noticed that the migrant refused to sign it on Friday.
Trump supports the removal of “bad people”
When asked about planned deportations on Friday, Trump said he didn't know a specific case, but he added: “If they were bad people, I would certainly authorize it.”
“That's why I was chosen. The judge was not chosen,” he told journalists in the White House.
Lawyers of defense and democrats in Congress pressed the administration to show how they know that Venezuelans are members of a gang that is active in trafficking in human and other crimes in South America, but has a smaller presence in the US.
“We do not intend to reveal the details of anti-terrorist operations, but we follow the ruling of the Supreme Court,” said Tricia McLaughlin, assistant to the Secretary for the US internal security on Friday.
On March 15, Trump's administration deported over 130 alleged members of Tren de Aragua to El Salvador. Many lawyers and members of the Migrant family claim that they were not members of the gang and did not have the opportunity to question the government's claims that they were.