USA: Supreme Court blocks Trump to deport Venezuelans under the 1798 law

On the morning of Saturday (19), on local time, the Supreme Court of the United States suspended the deportation of immigrants potentially subject to the law of foreign enemies, freezing the action in a case involving a group of immigrants in Texas who claim that the Trump government was working to deport them.

The brief order of the court attracted the opposition of conservative judges Samuel Alito and Clarence Thomas.

Venezuelan lawyers of the case filed an emergency appeal in the Supreme Court on Friday (18), claiming that they were at immediate risk of being removed from the country and had not received enough warning to contest their deportation.

The brief order of this Saturday did not explain the reasoning of the Court. The Court ordered the Trump government to respond to the emergency appeal as soon as a Federal Court of appeals in Louisiana took action in the case.

Meanwhile, the court stated: “The government is instructed not to deport any member of the alleged class of detainees from the United States to the new order of this Court.”

Previously, a federal judge in Washington, DC, told Texas migrant lawyers that they believed the Trump government was about to deport them rapidly, under the law of foreign enemies, that he did not have the power to suspend deportations, although he was concerned about government actions.

“I sympathize with everything you are saying, I just don’t think I have the power to do anything,” US district judge James Boasberg told a migrant lawyer at an emergency hearing on Friday night.

Before announcing his decision not to get involved, Bomberg pressured a government lawyer about whether he would proceed with deportations on Friday night or Saturday.

Justice Department attorney Drew Tesign told Bomberg that, although there are no planned flights, the internal security department said it reserves the right to deport migrants on Saturday.

Migrant lawyers also requested the intervention of the 5th US Circuit Appeals, which supervises the resources from Texas.

Migrant lawyers – US Union lawyers for civil liberties and Democracy Forward appealed to Bomberg in search of emergency aid in the initial case that they moved in their court, contesting the use of foreign enemies law by President Donald Trump, a comprehensive eighteenth -century war law.

The case has already been taken to the Supreme Court once, and the judges said migrants could only contest their deportations in judicial districts that house the premises where they are detained.

“It’s hard for me to say that I should get involved in this controversy, considering the situation of the question in the 5th Circuit and the Supreme Court,” Gomberg said on Friday.

The current dispute reflects the continuation of the government with deportations under the law of foreign enemies, which allows the administration to circumvent some of the protocols of immigration statutes that normally guide the illegal removal process of migrants in the US.

“We have heard that men are being asked to change clothes,” said the migrant lawyer on Friday, while unsuccessfully asked the Bomberg who briefly suspended the government’s plans.

Disregard process

Bomberg ordered a process of contempt against the government for allegedly challenging a previous order that he issued in the case – later annulled by the Supreme Court – which sought to interrupt the first round of deportation flights under the invocation of the law by the president in mid -March.

However, on Friday night, a court of appeals issued an administrative suspension in the Bomberg plans so that they could assess whether such procedures should proceed.

The unlavose order that the Supreme Court issued the first time the matter reached its limits said that the government must provide adequate notification to migrants so that they can contest their removals under the 18th century law.

At Aclu’s lawyer, Lee Gelernt’s lawyer presented new evidence about the notification that migrants are receiving from the government that they were appointed for deportation under the law of foreign enemies.

Gelernt said the detainees received notification of their removal less than 24 hours ago, without a clear option to contest it, and a photo of one of these notifications was presented to the court.

Teacher, the Justice Department lawyer insisted that while the Supreme Court order determined that the government should notify, it did not say that the government needed to offer a space to contest deportations. He told court that anyone who says he wants to contest his removal will have a process to do so.

“I certainly find the notification very worrying,” said Bomberg, expressing doubts that she was in accordance with the Supreme Court’s decision.

“But I don’t think I have the ability to grant reparation,” he added.

This content was originally published in the US: Supreme Court blocks Trump to deport Venezuelans under 1798 law on the CNN Brazil website.

Source: CNN Brasil

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