Supreme Court cessation of deportation under Texas Foreign Enemy Act: NPR

From a bird's eye view, prisoners are seen in the yard of the Bluebon Detention Center in Anson, Texas on May 12. ICE has begun transferring illegal immigrant detainees to the Blue House Detention Center after U.S. District Court Judge Wesley Hendrix easily provided the facility to the Trump administration under the Alien Enemies Act. Brandon Bell/Getty Images Closed subtitles

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Brandon Bell/Getty Images

The Supreme Court on Friday approved a preliminary injunction that extended the moratorium on deportation of Venezuelan immigrants in northern Texas under the Foreign Enemy Act.

President Trump invoked 18th-century wartime law to quickly expel foreigners posed a threat to the United States

The Supreme Court said the government has not given people enough time to oppose their deportation at a detention center in Texas.

It dismissed the Fifth Circuit Court of Appeals order which said it had no jurisdiction over the case and said the Venezuelans appealed too quickly after the lower court ruled against them. But the Supreme Court disagreed.

"Here, the inaction of the District Court - does not last for 42 minutes, but within 14 hours and 28 minutes, the actual effect of refusing to prohibit detainees from facing serious, irreparable threats of injury," the court wrote in an unsigned opinion. "We therefore revoke the judgment of the Court of Appeal."

The Supreme Court said its order was intended to retain its jurisdiction over the case while allowing the lower court to decide to promptly evacuate people to the government under the Foreign Enemy Act. It said this is not a direct solution to whether Trump invoked the Foreign Enemy Act is legal.

"We have long believed that, 'no chances will not be heard.'" The court said in an emergency order.

Judge Samuel Alito objected in the case, and Clarence Thomas joined the case, believing that the Supreme Court had been involved in the case too early and had no right to issue relief.

President Trump responded to the social media ruling, saying that the Supreme Court order will also have more criminals entering the United States, thanking Alito and Thomas for their objections.

He posted it. “The U.S. Supreme Court doesn’t allow me to do what I’m elected.”

Promote due process for immigration

Friday's ruling clearly shows that the Supreme Court is paying attention to the Trump administration's actions in rapid dismissal.

Under the Foreign Enemy Act, even in other cases, many lawsuits related to dismissal have questioned whether the Trump administration violated due process.

The Supreme Court mentioned the case of Kilmar Abrego Garcia on Friday, with the Trump administration saying a Maryland man was wrongly expelled from El Salvador. Although this is an order in 2019, prohibiting the U.S. government from specifically removing him to the country.

The Trump administration said that since he is now under the jurisdiction of El Salvador, Abreg Garcia cannot be brought back. It also claims that he is a member of the gang and belongs to El Salvador.

The Supreme Court basically said in Friday's order that people don't want to lose jurisdiction if they resolve some of the issues related to due process

"The interests of the detainees are therefore particularly heavy," the ruling said.

The Supreme Court was first involved in the Foreign Enemy Act last month, with a rare interim order issued last month to prevent immediate expulsion.

The court did say the order would not prevent the government from evacuating people from the United States “in other legitimate authorities.”