The US Supreme Court’s recent decision to uphold an order facilitating the return of Abrego Garcia, a deportee mistakenly sent to El Salvador, is a landmark case highlighting the flaws within the deportation process and the executive branch’s reluctance to correct its own errors. The fact that such a seemingly straightforward case of wrongful deportation required Supreme Court intervention speaks volumes about the current state of affairs. It’s utterly appalling that a simple act of rectifying an obvious injustice needed the highest court’s intervention, suggesting a systemic failure within the administration to prioritize basic human decency and adherence to the rule of law.… Continue reading
U.S. citizen and Michigan-based attorney Amir Makled was detained by federal immigration agents upon returning from a family vacation, despite presenting his U.S. citizenship documentation. Agents demanded access to his phone, citing no specific reason for the detention, which lasted over 90 minutes. Makled refused, believing the request was intended to intimidate him due to his representation of a student charged in connection with a pro-Palestinian protest. He believes the incident is a chilling effect targeting attorneys who represent politically active clients.
Read More
On March 31st, ICE agents, without a warrant, forcibly removed Elsy Noemi Berrios from her car in Westminster, Maryland, while her daughter filmed the incident. The arrest stemmed from allegations of MS-13 gang association, vehemently denied by Berrios and her daughter, Karen Cruz Berrios. Berrios, who is seeking asylum and has work authorization, is currently detained in Pennsylvania awaiting a bond hearing. The incident highlights concerns about ICE enforcement tactics and the potential for mistaken identity or false accusations in deportation cases.
Read More
The legality of removing U.S. citizens, a question posed to the government, is addressed: It is legally impossible to deport U.S. citizens. While President Trump has publicly and privately discussed the “potential” deportation of citizens, this refers solely to violent, repeat offenders. Therefore, no U.S. citizens are subject to removal based on current law.
Read More
The Supreme Court, in a 5-4 decision, lifted a restraining order blocking the Trump administration’s deportation of Venezuelan migrants to an El Salvadoran prison under the 1798 Alien Enemies Act. This ruling forces migrants to pursue individual habeas corpus petitions in Texas courts, rather than a class-action suit in D.C., significantly hindering their legal recourse. The majority opinion, while claiming to ensure due process, allows the administration to circumvent established legal procedures and potentially subject migrants to indefinite detention without legal representation. Dissenting justices sharply criticized the decision, highlighting the administration’s disregard for the rule of law and comparing it to past injustices.
Read More
The Supreme Court stayed a lower court order requiring the reinstatement of approximately 16,000 federal employees fired by the Trump administration, dissenting Justices Sotomayor and Jackson noted. The Court’s decision focused on the lack of standing of the nonprofit groups bringing the suit, leaving the claims of labor unions potentially open for further litigation. A similar, but distinct, Maryland ruling requiring administrative leave for affected employees remains in effect. The affected agencies include the Departments of Veterans Affairs, Defense, Energy, Interior, Agriculture, and Treasury.
Read More
Justice Jackson issued a scathing dissent against the Supreme Court’s decision to utilize the 1798 Alien Enemies Act to deport Venezuelan migrants. The ruling, made without oral arguments or briefs via the “shadow docket,” allows the deportation of migrants to a notoriously harsh prison based on unsubstantiated claims of gang affiliation. Jackson argues this sets a dangerous precedent, echoing the flawed Korematsu decision, and criticizes the lack of transparency and deliberation in the court’s emergency rulings. She contends the Court’s hasty decision, lacking proper review, demonstrates a troubling pattern of disregarding due process.
Read More
The Trump administration, in a Supreme Court brief, argues it can deport anyone—citizen or immigrant—to a foreign country without due process and deny them all constitutional rights. This claim, made in the case of Kilmar Armando Abrego Garcia, wrongly deported to El Salvador despite having protected status, asserts the government’s inability to retrieve individuals held in foreign prisons, even if the deportation was an error. The administration contends that federal courts lack jurisdiction over individuals held abroad at the government’s request, even though the US pays for their detention. This unprecedented assertion, if accepted, would effectively allow the government to create overseas black sites from which individuals could be permanently disappeared, undermining fundamental due process protections for all.
Read More
Andry Hernandez Romero, a Venezuelan makeup artist with a passion for theater stemming from his childhood participation in a Three Kings Day festival, was deported to El Salvador under the Alien Enemies Act due to crown tattoos misinterpreted as gang affiliation. His deportation, without a hearing, is now a Supreme Court case highlighting concerns about due process and the Trump administration’s actions. Experts dispute the connection between the tattoos and gang membership, emphasizing their popularity as a fashion trend. Hernandez’s family and lawyers are fighting for his return, facing the significant obstacle of the Trump administration’s refusal to acknowledge the mistake.
Read More
Despite legal constraints, including the Eighth Amendment’s prohibition against cruel and unusual punishment and the logistical challenges posed by U.S. Code 3621, Trump suggested expanding deportation beyond those who enter the country illegally. Deporting incarcerated U.S. citizens presents significant legal hurdles due to the need for court appearances and adherence to U.S. prison standards, which are not met in countries like El Salvador. The potential for human rights violations in countries like El Salvador further complicates such deportations.
Read More
Matt Underwood 
John Q. Hosedrinker