The Trump administration formally requested Supreme Court intervention on Friday, seeking to overturn a restraining order that temporarily halts its use of an 18th-century wartime immigration law to deport Venezuelan nationals such as alleged members of the criminal gang Tren de Aragua.
The administration is attempting to invoke the 1798 Alien Enemies Act, a law originally enacted for wartime use, to immediately deport the Venezuelan migrants. However, the U.S. Court of Appeals for the D.C. Circuit ruled 2-1 on Wednesday to uphold a lower court’s decision that temporarily blocked the administration’s application of the law. The ruling instituted a 14-day pause, allowing the lower court time to examine the case’s legal merits.
In response, U.S. Acting Solicitor General Sarah Harris criticized the lower court’s rulings in a Supreme Court filing, arguing that the orders obstruct the administration’s efforts to protect national security and could have far-reaching consequences for U.S. foreign relations. Harris warned of “serious and perhaps irreparable harm” if the Supreme Court does not review the case immediately.
Specifically, the Trump administration is urging the Supreme Court to at least grant an administrative stay, which would permit the continued use of the Alien Enemies Act while the justices consider the case. White House press secretary Karoline Leavitt reinforced this urgency, describing the lower court’s intervention as an “unauthorized infringement” on the president’s authority. “The administration will act swiftly to seek Supreme Court review to vindicate the president’s authority, defend the Constitution, and Make America Safe Again.”
The appeals court’s majority opinion, delivered by Judges Karen Henderson, a Bush appointee, and Patricia Millett, an Obama appointee, pointed to due process concerns. The judges argued that allowing the Trump administration to proceed with immediate deportations could result in plaintiffs being forcibly sent to a country that is not their nation of origin, reports Fox News.
Judge Henderson emphasized that the temporary restraining orders (TROs) serve a “quintessentially valid purpose: to protect [the court’s] remedial authority long enough to consider the parties’ arguments.” Similarly, Judge Millett warned that reversing the lower court’s order could “moot the Plaintiffs’ claims by immediately removing them beyond the reach of their lawyers or the court.”
In the Supreme Court filing, the Trump administration expressed frustration with what it views as a growing trend of judicial overreach. Harris argued that the increasing use of TROs and injunctions against executive orders has reached a crisis point, endangering the federal government’s basic functions. “The Executive Branch’s basic functions are in peril,” she wrote, noting that in just two months since Inauguration Day, district courts have issued over 40 injunctions or TROs against the administration.
I can’t understand why the Democrats would not want these illegal Gang members out of the country. These mutts have terrorized citizens and caused a lot of havoc in the US. Do they want people like that in their country?
The Constitution gives President Trump the power and authority to remove these illegals. These wanna-
be gods, left wing, puppet judges SHOULD BE IMPEACHED and held accountable for all crimes committed by the ilk that they appear to side with.
Justice Roberts is another black robe that should be impeached for not taking the case on IMMEDIATELY to stifle these small, loud mouthed, so called judges.
Treason by aiding and abedding the criminal element of this nation !!!
Joe M,
Those shipped off to a PRISON were denied their Constitutional right of Due Process!!! Many victims of this ill advised ICE operation are friends and family who are totally innocent of any crime! They did nothing wrong!
The Constitution DOES NOT give Trump the power nor authority to kidnap people off the street and be SHIPPED TO A PRISON in a foreign country. Now those who are innocent among the kidnapped are suffering severe handling in extreme prison conditions. You need to understand!
You are either wildly ignorant, a troll or otherwise mentally incapacitated.