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The Latest Breaking News from AEA

A Federal Judge Orders Relief for Alleged Gang Members Deported and Imprisoned Without Due Process

Without such intervention, he warns, the government "could snatch anyone off the street, turn him over to a foreign country, and then effectively foreclose any corrective course of action."

Reason

The Case Against Judicial Deference to Executive Branch "Factual" Determinations in Alien Enemies Act Cases

Legal scholar Rebecca Ingber offers some strong arguments against deference in this context.

Reason

Report: 50 Venezuelans Sent to Salvadoran Prison Entered the U.S. Legally, Contrary to White House Claims

"It's not just one or two administrative errors," says the Cato Institute's David Bier.

Reason

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Most Migrants Deported to Imprisonment in El Salvador Under the Alien Enemies Act Had no Criminal Record and Many had Entered the US Legally

A new Cato Institute study by David Bier presents the most extensive available evidence on these points.

Reason

Fourth Circuit Rules Against Trump Administration in Alien Enemies Act Case

In a 2-1 ruling, the Court ruled Trump's invocation of the Alien Enemies Act cannot supersede a settlement barring deportation of a group of migrants. One judge also held the AEA was invoked illegally.

Reason

Lee Kovarsky, D. Theodore Rave, and Steve Vladeck on Class Actions and the Alien Enemies Act Litigation

Kovarsky and Rave defend the use of class actions in AEA habeas cases. Vladeck highlights the significance of the Supreme Court's grant of an injunction to a "putative class" of AEA detainees.

Reason

Supreme Court Issues Ruling Temporarily Blocking Alien Enemies Act Deportations

The ruling held that migrants detained under AEA had not been given adequate notice of their potential deportation. It also reflects the Court's growing distrust of the Trump Administration.

Reason

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US Supreme Court Blocks Trump Bid To Resume Venezuelan Deportations

The US Supreme Court on Friday blocked a bid by the Trump administration to resume deportations of alleged Venezuelan gang members using an obscure wartime law, saying they were not being given enough time to legally contest their removal.

International Business Times

Supreme Court Enjoins Summary Removal of Alleged Tren de Aragua Members under Alien Enemies Act

A majority of the justices seem unconvinced the Administration was prepared to provide the process that was due. Justices Alito and Thomas dissent.

Reason

Trump (Partially) Wins an Alien Enemies Act Case

In a badly flawed decision, a federal district court ruled that Trump can invoke the AEA because the Tren de Aragua drug gang's activities amount to a "predatory incursion."

Reason

‘This case poses significant issues’: Judge OKs Trump’s use of Alien Enemies Act to deport Venezuelans, defying other courts

There are a lot of strings attached.

We Got This Covered

Colorado Federal District Court Issues Additional Alien Enemies Act Ruling Against Trump

The court instituted a preliminary injunction against the Administration's use of the Act to deport Venezuelans.

Reason

Yet Another Federal Court Rules Against Trump in an Alien Enemies Act Case

The Southern District of New York rules Trump invoked the Act illegally, because there is no "invasion" or "predatory incursion."

Reason

Federal Court Issues Two Important Rulings Against Trump in Alien Enemies Act Case

Federal district court Judge Fernando Rodriguez ruled that Trump invoked the AEA illegally, and that migrants threatened with deportation under the Act can file class action habeas petitions.

Reason

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Reason

Trump's Understanding of Due Process Is Just As Farcical As His Definition of 'Alien Enemies'

A new ACLU lawsuit argues that the government still is not giving alleged gang members the "notice" required by a Supreme Court order.

Reason

Alito and Thomas May Trust Trump To Follow a Court Order, but Gorsuch, Kavanaugh, and Barrett Seemingly Do Not

Understanding the Supreme Court's unusual late-night ruling against the Trump administration

Reason

Supreme Court Issues Unusual Order in Alien Enemies Act Deportation Case

The order temporarily blocks AEA deportations. It likely also reflects the Court's growing frustration with the Trump Administration.

International Business Times

US Supreme Court Pauses Deportation Of Venezuelans From Texas

The US Supreme Court on Saturday paused the Trump administration's deportation of alleged Venezuelan gang members under an 18th-century law.

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Reason

Rights and Wrongs of the Supreme Court's Ruling in the Alien Enemies Act Case

The Supreme Court oveturns lower court decisions temporarily barring AEA deportations, but also emphasizes that detainees are entitled to due process, and that AEA deportations are subject to judicial review.

Reason

Coastal Judges Play Keep-Away From The Fifth Circuit

The Trump administration detains individuals in Texas and Louisiana, yet federal courts on the Amtrak Corridor continue to exercise jurisdiction.

Reason

Federal Court Rules Migrants Have Right to Hearing to Challenge Alien Enemies Act Deportations

Judge Boasberg ruled the migrants are entitled to due process in determing whether they really are "alien enemies" covered by the Act.

Reason

Trump's Reading of the Alien Enemies Act Defies the Usual Meaning of Its Terms

To justify the immediate deportation of suspected Venezuelan gang members, the president is invoking a rarely used statute that does not seem to apply in this context.

Reason

Jack Goldsmith on the "Not Simple" Merits Issue Before Judge Boasberg

A useful overview.

Roll Call

DOJ says disclosing migrant flight information is 'inappropriate' - Roll Call

The Trump administration said Tuesday it shouldn't have to provide information on timing of flights that carried migrants for deportation.

The Guardian - UK

Weekend voting among changes needed to overhaul UK elections system, officials say

Fewer polling stations and earlier deadline for postal vote applications also recommended to modernise elections

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