A federal judge ordered the Trump administration to return hundreds of Venezuelan nationals deported to El Salvador’s CECOT prison. The judge ruled that the deportations, conducted under the 1798 Alien Enemies Act without individual judicial review, violated due process rights. While the Supreme Court vacated a prior injunction halting the deportations, it affirmed the right to individual habeas corpus petitions. The judge deemed the situation “Kafkaesque,” citing evidence suggesting many detainees lacked gang ties and were imprisoned based on flimsy accusations. The ruling mandates the return of the Venezuelans to the U.S. to challenge their deportations.
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The Supreme Court sided with the Trump administration, halting a lower court’s injunction that preserved Temporary Protected Status (TPS) for approximately 350,000 Venezuelans. This decision potentially exposes these individuals to deportation, overturning a ruling by a San Francisco judge who cited the significant disruption and economic impact of ending TPS. The Supreme Court offered no explanation for its ruling, a common practice in emergency appeals. This action follows similar recent appeals by the Trump administration concerning immigration, demonstrating an aggressive push to limit immigration protections.
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The Supreme Court ruled 7-2 to temporarily block the deportation of Venezuelan nationals under the Alien Enemies Act, citing insufficient notice and resources provided by the Trump administration before their removal. The court found the 24-hour notice given before deportation inadequate, mandating a lower court revisit the appropriate notice period. While not addressing the Act’s proper application, the decision grants temporary relief pending the lower court’s determination, acknowledging both national security interests and constitutional due process. Justices Alito and Thomas dissented, questioning the urgency of the situation and criticizing the lower court’s actions.
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Following President Trump’s re-election and subsequent hardline immigration policies, Venezuelan parents Yorely Bernal and Maiker Espinoza were deported to El Salvador, accused—without evidence—of gang affiliation based on their tattoos. Their two-year-old daughter, Antonella, was placed in U.S. foster care despite assurances to the contrary. The Venezuelan government has condemned the action as an abduction, while the Department of Homeland Security maintains the child’s safety is paramount and justified the separation. Antonella’s future remains uncertain.
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Nineteen-year-old Merwil Gutiérrez, a Venezuelan with no criminal record, was deported to El Salvador under the Alien Enemies Act despite having a pending U.S. immigration case. His deportation, along with that of hundreds of other Venezuelans, followed a pattern of unjustified arrests and deportations to a notorious prison, raising concerns about due process violations. This action, mirroring similar cases detailed in a 60 Minutes report, highlights the questionable practices of deporting individuals to countries where they lack connections, even in cases where no criminal activity is involved. The family is seeking his return, citing a lack of transparency and the violation of his legal rights.
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Two hundred and thirty-eight Venezuelan migrants were deported from Texas to El Salvador’s maximum-security CECOT prison, based on the Trump administration’s claim that they are terrorists and gang members. However, internal government documents reveal that the vast majority lack criminal records, with many being artists, athletes, or delivery drivers. The deportations, justified using the Alien Enemies Act, have been challenged legally, with the government citing tattoos and social media posts as evidence, despite expert testimony deeming these unreliable indicators of gang affiliation. The lack of transparency and due process raises serious concerns about the legality and human rights implications of these actions.
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President Trump invoked the 1798 Alien Enemies Act to authorize mass deportations of Venezuelan citizens affiliated with the Tren de Aragua gang, fulfilling a campaign promise. This controversial law, previously used to justify Japanese internment during WWII, grants the president broad powers to bypass due process and target foreign nationals based on their nationality, not individual actions. The directive targets Venezuelans aged 14 and older who are not US citizens or lawful permanent residents, raising significant human rights concerns. Trump’s actions follow anti-immigrant rhetoric and have been condemned by critics as a potential abuse of presidential power.
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John Q. Hosedrinker