“The Court simply issued a technical ruling that the challenges should be by habeas corpus, but in no way remotely suggested the Trump administration would win these challenges,” Gelernt added.
If that fails, the ACLU and others noted that the Supreme Court requires that the government first inform detainees that they were designated “enemies” under the act and then give them the chance to challenge that classification in court. The Supreme Court did not weigh in on the legality of Trump’s proclamation.
That means the government could have to explain to a judge — and potentially the public — its justification for describing immigrants as gang members eligible for removal under the act. The government has so far refused to release their names or details about their alleged gang affiliation or criminal histories, though it alleges that several of those removed were responsible for heinous crimes.
One expert at the Migration Policy Institute said that the ruling from the nation’s highest court grants these migrants due process.
Sean Moran is a policy reporter for Breitbart News. Follow him on X @SeanMoran3.
Breitbart News
Read the full article .
