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.
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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.
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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.
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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.
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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.
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The Supreme Court temporarily allowed the Trump administration to utilize the Alien Enemies Act of 1798 to expedite the deportation of alleged gang members, overturning a lower court’s injunction. This decision permits the use of the wartime authority while ongoing legal challenges proceed, but mandates that affected migrants receive adequate notice and an opportunity to contest their removal. While three liberal justices dissented, and Justice Barrett partially dissented, the Court emphasized the need for due process in deportation proceedings under the Act. The ruling effectively sides with the Trump administration’s argument regarding judicial authority and the urgency of the situation.
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Visa records of CMU international students being terminated without notice is deeply concerning. The lack of transparency and due process involved raises serious questions about the fairness and legality of these actions. The sheer scale of the issue, potentially affecting thousands of students at various universities across the country, highlights a systemic problem impacting not only individual students but also the broader academic landscape.
The financial implications for both students and institutions are staggering. Students are investing significant sums of money – upwards of $68,000 annually for tuition and living expenses – only to have their educational journeys abruptly and unfairly cut short.… Continue reading
A federal judge ordered the Trump administration to return Kilmar Abrego Garcia, a protected Maryland resident mistakenly deported to a dangerous El Salvadoran prison, to the United States. The Department of Justice appealed, arguing a lack of authority to compel El Salvador’s cooperation, but the judge rejected this claim, stating the U.S. cannot outsource its prison system and then claim inability to act. The judge deemed the deportation an illegal act resulting from the administration’s use of an 18th-century law for mass deportations without due process. Garcia’s deportation was described as an “administrative error,” yet the government’s refusal to disclose his current status and the dangers he faces fueled the judge’s decision.
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The Justice Department appealed a court order mandating the return of Kilmar Abrego Garcia, a Salvadoran national mistakenly deported to El Salvador despite a prior ruling granting him protection from deportation. The government argues the order to compel action from a foreign sovereign is unconstitutional, and it suspended the attorney who admitted the deportation was an error. The appeals court requested a response from Abrego Garcia’s lawyers. The White House maintains Abrego Garcia is an MS-13 gang member, a claim his lawyers deny. Abrego Garcia’s deportation has raised concerns about the handling of non-citizens granted permission to remain in the U.S.
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Evenezer Cortez-Martinez, a 39-year-old DACA recipient, was deported to Mexico City after a brief trip to visit his grandfather’s grave. Despite possessing Advance Parole, allowing for temporary travel outside the U.S., he was detained upon his return and deported based on an allegedly erroneous removal order issued in June 2024, of which he was unaware. A lawsuit has been filed against the Department of Homeland Security and CBP, arguing his deportation violated DACA regulations and his right to a formal removal hearing. The lawsuit contends that Cortez-Martinez’s deportation is an anomaly and sets a concerning precedent for other DACA recipients.
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John Q. Hosedrinker 
Matt Underwood