Chief Judge James Boasberg finds that those people sent to CECOT under the Alien Enemies Act on March 15-16 had their due process rights violates and certifies them as a class. He orders that the government "facilitate" the ability for them to seek habeas relief.
.
"Chief Judge Boasberg rules deported migrants can challenge removals, in blow to admin
June 4, 2025
NEW
U.S. District Judge James Boasberg on Wednesday ordered the Trump administration to provide all non-citizens deported from the U.S. to a maximum-security prison in El Salvador to be afforded the opportunity to seek habeas relief in court, and challenge their alleged gang status— the latest in a heated fight centered on President Donald Trump‘s use of the 1789 Alien Enemies Act to deport certain migrants.”
In short, the Government must facilitate the Class’s ability to seek habeas relief to contest their removal under the Act,” Judge Boasberg said in the order, filed late Wednesday afternoon.
'Exactly what such facilitation must entail will be determined in future proceedings. Although the Court is mindful that such a remedy may implicate sensitive diplomatic or national-security concerns within the exclusive province of the Executive Branch, it also has a constitutional duty to provide a remedy that will 'make good the wrong done.' ”
1 comment:
And yet, it won't matter.
I don't expect to see one person who was robbed of his or her right, guaranteed in the Constitution, to due process, returned to the US. Even if they are US citizens.
The SCOTUS is stuck. They opened Pandora's box and because of that, they'll be forced to make themselves into pretzels on a series of upcoming decisions regarding this Admin.
Post a Comment