United States President Donald Trump on Tuesday (Apr 8) hailed a great day for justice in America after the Supreme Court lifted a lower court order barring the Trump administration from deporting undocumented migrants using an obscure wartime law, also known as the Alien Enemies Act. The justices were divided 5-4 in the ruling.
Now, the Trump administration can try to resume deportations under the rarely used wartime law.
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But the nation's top court also said that migrants subject to deportation under the Alien Enemies Act must be given "an opportunity to challenge their removal."
The detainees must be given time to challenge their detentions through a habeas corpus claim. They must be able to challenge whether the act is being lawfully applied.
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The 18th-century law was used only when the country was at war. Trump created a buzz when he invoked the law - an aggressive and unprecedented use of presidential power.
"AEA detainees must receive notice after the date of this order that they are subject to removal under the Act. The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs," as cited by NBC NEWS, the court wrote in its unsigned majority opinion.
GREAT DAY FOR JUSTICE IN AMERICA
While reacting to the order, Trump on Truth Social said, "The Supreme Court has upheld the Rule of Law in our Nation by allowing a President, whoever that may be, to be able to secure our Borders, and protect our families and our Country, itself. A GREAT DAY FOR JUSTICE IN AMERICA!"
The law was invoked to round up alleged Venezuelan gang members and summarily deport them to a notorious maximum security prison in El Salvador. The US has sent over 200 alleged members of a Venezuelan gang to be imprisoned in El Salvador, President Nayib Bukele said Sunday, after Trump invoked wartime authorities to expel migrants.
But attorneys for several of the deported Venezuelans have said that their clients were not members of the Venezuelan gang Tren de Aragua, had committed no crimes and were targeted largely on the basis of their tattoos.
Trump campaigned on a pledge to expel millions of undocumented migrants.
(With inputs from agencies)