Trump admin implores SCOTUS to allow immediate deportations under Alien Enemies Act, citing threats to 'take hostages'
Source: Law & Crime
May 13th, 2025, 11:31 am
The Trump administration is imploring the U.S. Supreme Court to allow federal authorities to resume the removal of migrants currently detained in Texas under the president’s controversial proclamation invoking the Alien Enemies Act (AEA). The Justice Department filed the 12-page memo with the high court on Monday, three days after U.S. District Judge James Hendrix, who was appointed by President Donald Trump during his first term, handed the administration a rare legal victory by denying several migrant detainees the ability to litigate their claims as a class, or collectively.
Hendrix reasoned that the three petitioners were too “distinct” and “diverse” — in terms of facts, claims, and potential remedies — to make up a coherent class. However, Hendrix stayed the effect of his ruling until detainees have the opportunity to seek and receive — or be denied — consideration at the highest level.
The underlying litigation is one of many AEA cases directly tracing its lineage to the Supreme Court’s blockbuster April 7 ruling, which dissolved a nationwide injunction prohibiting summary deportations of accused members of the Venezuelan gang Tren de Aragua (TdA) under the auspices of the obscure 18th-century wartime authority. However, the nine justices unanimously agreed that the government could not resume AEA removals without providing detainees due process, prescribing habeas corpus petitions as the proper means for seeking redress.
Habeas petitions are challenges to the legality of an individual’s detainment and must be filed in the jurisdictions where the detainee is being held. Here, the plaintiffs filed a class action habeas petition in the Northern District of Texas.
Read more: https://lawandcrime.com/high-profile/proven-to-be-especially-dangerous-trump-admin-implores-scotus-to-allow-immediate-deportations-under-alien-enemies-act-citing-threats-to-take-hostages/
Full headline: ‘Proven to be especially dangerous’: Trump admin implores SCOTUS to allow immediate deportations under Alien Enemies Act, citing threats to ‘take hostages’
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