Habeas corpus requires authorities to justify an individual’s confinement.
The Trump administration has leaned on the Alien Enemies Act of 1798 to justify its immigration crackdown while ignoring immigrants’ due process rights, sometimes defying court orders in the process. Donald Trump has defended the infractions by claiming that immigration into the country is tantamount to an “invasion,” and has described the current era as a “time of war.”
Judges in several cases have so far ruled against the Trump administration’s interpretation of the law, deciding that the executive branch was illegally leveraging the Alien Enemies Act to deport residents it perceived to be threats.
“The Proclamation exceeds the scope of the statute and, as a result, is unlawful,” Rodriguez decided. “[Administration officials] do not possess the lawful authority under the AEA, and based on the Proclamation, to detain Venezuelan aliens, transfer them within the United States, or remove them from the country.”
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