https://www.documentcloud.org/documents/25944902-24a1007-order/
You may recall last month the SCOTUS ruled that the Venezuelan immigrants sought to be removed under the Alien Enemies Act had to be given notice and an opportunity for a hearing before removal. The administration in response tried to give such notice only in English and with only 24 hours notice making it impossible for those effected to meaningfully assert their rights. As I predicted, the SCOTUS found that procedure impermissible:
"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". p. 5
The court sent the matter back to the lower courts for them to determine "the precise process necessary to satisfy the Constitution in this case."
Alioto and Thomas, predictably, dissented.
Kavanaugh, while concurring in the decision would have taken the case immediately before the Court to decide " (i) whether the Alien Enemies Act (as distinct from the ordinary removal process under the Immigration and Nationality Act) authorizes removal of these detainees and (ii) if so, what notice is due before removal."
I would have preferred that and expect that when they do they will answer (i) in the negative and render (ii) moot. It seems they are giving the administration a chance to come to their senses and give up on the idea that the AEA can be used in this manner but given the slavish devotion of AG Biondi to Trump's whims I doubt they will and thus avoid an ultimately crushing defeat in the SCOTUS.
@AThousandYoung saidliberals love them soe gang banging murderers and child traffickers
You love illegal police and an illegal President
@Mott-The-Hoople saidAre Trump's three SCOTUS appointees, who all joined this decision, "liberals"?
liberals love them soe gang banging murderers and child traffickers
@no1marauder saidYes
Are Trump's three SCOTUS appointees, who all joined this decision, "liberals"?
@Mott-The-Hoople saidAmy is leaning left, so everyone relax. All nice and balanced now.
Yes
https://www.npr.org/2025/04/06/nx-s1-5350936/law-professor-discusses-trump-pick-amy-coney-barretts-surprising-judicial-record
@Cliff-Mashburn saidPlease actually read your source:
Obama deported 3 million people with no hearings or due process and the courts and Dems were OK with it, but because Trump is doing it now it's bad?
https://www.snopes.com/fact-check/obama-deportations-court/
" Expedited Removal. DHS officers and agents may order the expedited
removal of certain aliens who are inadmissible because they do
not possess valid entry documents or are inadmissible for fraud or
misrepresentation of material fact; or because the alien, who has
not been admitted or paroled in the United State, has not affirma
tively shown to the satisfaction of an immigration officer, that the
alien had been physically present in the United States for the
immediately preceding 2-year period. Aliens placed in expedited
removal proceedings are generally not entitled to immigration
proceedings before an immigration judge unless the alien is
2
3
seeking asylum or makes a claim to legal status in the United
States. An expedited removal order issued by a DHS officer is
equivalent to a removal order issued by an immigration judge."
https://ohss.dhs.gov/sites/default/files/2023-12/Enforcement_Actions_2013.pdf
The same rules still apply but Trump's administration is trying to ignore the statute's requirements that I put in bold.
@AverageJoe1 saidHardly and neither is Kavanaugh or Gorsuch.
Amy is leaning left, so everyone relax. All nice and balanced now.
https://www.npr.org/2025/04/06/nx-s1-5350936/law-professor-discusses-trump-pick-amy-coney-barretts-surprising-judicial-record
That they would all join in the decision just shows how blatantly unconstitutional these actions have been.
From your article (which I doubt you read):
"But by mentioning Justices Stevens and Souter, I do not in any way mean to suggest Justice Barrett is drifting left or becoming moderate. It is just on these very extreme questions that the Trump administration or Donald Trump or the state of Texas have thrust onto the Supreme Court's docket where that has given her pause. It is more so a sign of just how extreme some of the asks have become of the Supreme Court."
@no1marauder saidDisregard I dont attach llinks very well
Hardly and neither is Kavanaugh or Gorsuch.
That they would all join in the decision just shows how blatantly unconstitutional these actions have been.
From your article (which I doubt you read):
"But by mentioning Justices Stevens and Souter, I do not in any way mean to suggest Justice Barrett is drifting left or becoming moderate. It is just on these very extr ...[text shortened]... It is more so a sign of just how extreme some of the asks have become of the Supreme Court."
Anyway there are many links which make it clear. You got me, I did not read the link as there were so many pointing out this issue. I will send you a better one.
@AverageJoe1 saidhttps://thehill.com/regulation/court-battles/5239094-trump-supporters-blast-barrett/
Disregard I dont attach llinks very well
Anyway there are many links which make it clear. You got me, I did not read the link as there were so many pointing out this issue. I will send you a better one.
Let's try this one
@Cliff-Mashburn saidCliff, stop it. Where do you hear this nonsense? These deportations were done within acceptable legal framework at the time (and I think it still exists). Many illegal residents who were afforded the opportunity to make their case regarding asylum did not apply. Those people can and should be deported.
Obama deported 3 million people with no hearings or due process and the courts and Dems were OK with it, but because Trump is doing it now it's bad?
https://www.snopes.com/fact-check/obama-deportations-court/
Kind of like if you're a deadbeat dad forced to pay child support, you still have to pay it even though you didn't show up for the hearing.
@wildgrass saidIt is not possible to do 3,000,000 deportations with full due process in 4 years. Due process is very slow, expensive and totally unnecessary if the immigrant is a criminal. It is only because it is Trump these issues are now being raised.
Cliff, stop it. Where do you hear this nonsense? These deportations were done within acceptable legal framework at the time (and I think it still exists). Many illegal residents who were afforded the opportunity to make their case regarding asylum did not apply. Those people can and should be deported.
Kind of like if you're a deadbeat dad forced to pay child support, you still have to pay it even though you didn't show up for the hearing.