The U.S. Supreme Court said Monday that President Donald Trump can temporarily resume deporting illegal aliens under the Alien Enemies Act of 1798.
U.S. District Judge James Boasberg temporarily blocked summary deportations by the Trump administration invoking the 1798 act against members of the vicious Tren de Aragua gang. Many accused Boasberg, who was appointed by former President Barack Obama, of being motivated not by the law but by political bias.
‘An activist judge in Washington, DC does not have the jurisdiction to seize control of President Trump’s authority to conduct foreign policy.’
The nine justices unanimously agreed that those migrants subjected to deportation had some due process rights to defend themselves against improper gang identification, but a narrower ruling of 5-4 vacated the Boasberg ruling.
Liberal Justice Sonia Sotomayor called the ruling “indefensible” in her dissent.
“The Government’s conduct in this litigation poses an extraordinary threat to the rule of law,” wrote Sotomayor. “That a majority of this Court now rewards the Government for its behavior with discretionary equitable relief is indefensible. We, as a Nation and a court of law, should be better than this.”
Amy Coney Barrett also joined the dissent with Sotomayor, Elena Kagan, and Ketanji Brown Jackson.
“Critically, even the majority today agrees, and the Federal Government now admits, that individuals subject to removal under the Alien Enemies Act are entitled to adequate notice and judicial review before they can be removed. That should have been the end of the matter,” read the dissent.
U.S. Attorney General Pam Bondi praised the ruling in a post on social media.
“The Supreme Court sides with the Trump Administration on the Alien Enemies Act. Tonight’s decision is a landmark victory for the rule of law,” wrote Bondi.
“An activist judge in Washington, DC does not have the jurisdiction to seize control of President Trump’s authority to conduct foreign policy and keep the American people safe,” she added. “The Department of Justice will continue fighting in court to make America safe again.”
Last month Trump called for Boasberg to be impeached, which led Chief Justice John Roberts to rebuke him in a rare public statement.
“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision,” Roberts wrote. “The normal appellate review process exists for that purpose.”
He had also previously spoken out against accusations of judges being biased based on the party affiliation of the president who appointed them.
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Supreme court vs boasberg, Boasberg vs trump, Alien enemies act, Due process rights of illegals, Politics, Immigration
