After Legal Setback, What’s Next for Trump’s Effort to Deport Illegal Alien Gang Members?
President Donald Trump’s use of a 1798 law to expedite deportations of foreign gang members is almost certainly headed for the Supreme Court, where legal experts anticipate the administration will prevail.
A panel of the 5th Circuit U.S. Court of Appeals ruled 2-1 this week to impose an injunction on the Trump administration using the Alien Enemies Act to deport members of the Venezuela-tied Tren de Aragua gang, also known as TdA.
The law was primarily used in connection to foreign wars, but a key Supreme Court precedent applied to post-World War II deportations well after hostilities ceased.
The Trump administration will likely ask the Supreme Court to put a hold on the appeals court’s preliminary injunction, said George Fishman, former deputy general counsel for the Department of Homeland Security, now a senior legal fellow at the Center for Immigration Studies.
“The Supreme Court has granted emergency stays before. It would allow the administration to go ahead and........
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