The ACLU emergency application challenges Trump using alien enemies. Deports illegal immigrants accused of being members of a crime.
The Trump administration filed a response to a Supreme Court order on April 19th. This temporarily blocked deportation groups of Venezuelan men who were accused of being members of the gang.
“The government has been instructed not to remove members of the presumed class of detainees from the United States until further orders from this court,” the order reads.
Justice Clarence Thomas and Samuel Alito opposed the decision.
The ACLU had asked the High Court to intervene in the emergency. Dozens of Venezuelan citizens argued that they could be expelled from the state quickly without the judicial review that the judiciary ordered earlier.
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“At least, if the court maintains an administrative stay, the government will respectfully request that the court be made clear that it is an administrative reservation under the (an alien enemy law), and that the order will not exclude removal in accordance with other immigration authorities,” writes Sauer.
“Members of the putative class may be removed independently based on Title 8, such as members of foreign terrorist organizations.”
On March 14, Trump officially designated the Venezuelan Tren de Lagua gang, along with the Salvador MS-13 gang and several Mexican cartels, as a foreign terrorist organization.
The president has invoked alien enemy laws to approve “immediate arrest, detention, and removal” of Venezuelan citizens over the age of 14 and are not US citizens or legal permanent residents.
The ACLU application states that the client is “in the immediate and continuing risk of being excluded from the United States without notice or opportunity to hear in a direct violation of this Court order at Trump v. JGG.”
“Many individuals are already loaded onto the bus and are likely heading to the airport,” the application said, and there is a risk of being sent to a prison in El Salvador.
“We are confident that we will ultimately win the onslaught of useless lawsuits brought about by radical activists who care more about the rights of these terrorists than the rights of the American people,” writes Leavitt.
Matthew Vadam contributed to this report.
Corrected: Previous versions of this article excluded some of the names of lawyer D. John Saur. The Epoch Times regrets the error.
