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Of course courts have jurisdiction over the Alien Enemies Act

8 1
yesterday

The Trump administration and its allies in Congress are attacking the Supreme Court for blocking attempts to deport illegal immigrants under the Alien Enemies Act before the alleged aliens can challenge the use of that authority in court. While the White House is right that the Supreme Court’s decision to issue such an order is “highly irregular,” the administration can blame no one but itself, for it repeatedly attempts to remove aliens from the country before courts can render judgment.

The Supreme Court has a right and duty to ensure the claims of the aliens detained by the government under the Alien Enemies Act are heard by a court, especially because the administration’s invocation of the AEA in an undeclared war is unprecedented.

On March 15, after issuing a proclamation invoking the Alien Enemies Act, the Trump administration began the process of flying 137 Venezuelans to El Salvador. Before the planes took off, five of the aliens secured a court order in Washington, D.C., preventing the United States from deporting them. In the time between the lawyers filing for class action protection for all 137 Venezuelans and the judge issuing a ruling granting class action status, President Donald Trump flew the rest of the aliens to El Salvador, even though the administration knew the judge’s ruling was imminent. The rush was precisely to evade the court’s........

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