The Supreme Court temporarily halted the Trump administration’s deportation of Venezuelan nationals detained under the rarely used 1798 Alien Enemies Act. This act, previously invoked only during wartime, allows for the detention and deportation of citizens from “enemy” nations without standard legal processes. A lower court initially blocked the deportations, citing a lack of due process for the detainees, who were allegedly not given adequate notice or opportunity to challenge their removal. The Supreme Court’s ruling mandates that the government provide detainees with a chance to contest their deportation before removal, while Justices Thomas and Alito dissented.
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A 60 Minutes investigation revealed that 75% of 238 Venezuelans deported by the Trump administration to El Salvador’s Cecot prison lacked criminal records, contradicting government claims. The remaining deportees had mostly minor non-violent offenses, with a small percentage facing serious charges. This deportation practice has drawn criticism, with a federal judge citing “bad faith” and the ACLU suggesting alternative legal methods. Despite the controversy, Trump expressed approval of the arrangement with El Salvador, even suggesting willingness to deport U.S. citizens.
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The D.C. Circuit Court of Appeals upheld a lower court’s temporary block on the deportation of Venezuelan men under the Alien Enemies Act (AEA), a 2-1 decision. The majority found the Justice Department failed to demonstrate the existence of a war or invasion justifying the AEA’s use, and also noted concerns over the men’s wrongful identification as gang members. Judge Henderson’s concurrence emphasized the historical military context of “invasion” in the AEA. The ruling is a setback for the Trump administration, which argued the deportations were within presidential powers.
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Francisco José García Casique’s mother identified her son in footage from El Salvador’s Cecot mega-prison, where 238 Venezuelans deported from the US were held. The US government claims all deportees are members of the Tren de Aragua gang, a designation disputed by several families, including Casique’s. Ms. Casique insists her son, who migrated to the US in 2023, is innocent and a barber by trade, believing his tattoos led to his mistaken identification. Similar claims of wrongful identification were made by other families of the deportees.
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John Q. Hosedrinker