The Supreme Court of the United States temporarily halted the deportation of Venezuelan migrants detained in northern Texas on Saturday under the controversial Foreign Enemies Act, an 18th-century legislation used during wartime.
In a brief order issued in the early morning, the high court instructed the government of President Donald Trump to refrain from expelling migrants held at the Bluebonnet Detention Center, "until further notice from this court."
The conservative justices Clarence Thomas and Samuel Alito expressed their disagreement with the Supreme Court's decision.
The intervention was in response to an emergency motion filed by the American Civil Liberties Union (ACLU), which reported attempts by immigration authorities to restart deportations using that law.
"We are deeply relieved. These individuals were at risk of being sent to brutal prisons without having had a fair process," stated Lee Gelernt, lawyer for the ACLU.
In April, the Supreme Court authorized the government of the United States to apply this outdated legislation, but established that those affected must be informed and have a reasonable time to appeal to a court. Attorneys for the detained migrants argue that the government failed to meet those minimum guarantees.
The ACLU had previously requested local courts to halt deportations, but without success. Federal judges in Texas refused to intervene on Friday, and the Fifth Circuit Court of Appeals also declined to issue a protective order for migrants detained at Bluebonnet.
The government, for its part, has denied that there were scheduled deportation flights, although it retains the authority to carry out expulsions.
The Foreign Enemies Act was enacted in 1798 and has only been invoked three times in the history of the United States. Its most recent use dates back to World War II, when it was employed to intern Japanese-American citizens.
In this case, Trump's team has used it to justify the deportation of more than 200 Venezuelans, accused of being part of the gang Tren de Aragua, without any judicial conviction.
Immigration lawyers have reported that some detainees have been made to sign documents in English that they do not understand, and that they have received notifications linking them to organized crime without sufficient evidence.
Additionally, they indicated that the transfer of Venezuelans to Bluebonnet was a deliberate attempt by the government to circumvent judicial rulings that were already blocking deportations in other jurisdictions.
América Noticias cited statements from Judge Samuel Alito in which he harshly criticized the Supreme Court's decision, describing it as “unprecedented” and issued “literally in the middle of the night,” without the government having a chance to respond. In his view, the intervention was premature and lacked substantial factual support.
The Department of Homeland Security has not issued any comments, while the ACLU continues its legal offensive to curb the use of a law that, in its view, threatens to criminalize migration under unfounded pretexts.
Frequently Asked Questions about the Detention of Migrants and the Foreign Enemy Act in the U.S.
What is the Foreign Enemies Act and why is it relevant today?
The Foreign Enemies Act is a legislation from 1798 that allows the President of the United States to deport or detain citizens of enemy countries during times of war. Currently, it has been invoked by the Trump administration to deport Venezuelan migrants accused of belonging to criminal organizations, although the application of this law in peacetime has sparked controversy and legal challenges.
Why did the Supreme Court block the deportations of Venezuelan migrants?
The United States Supreme Court temporarily blocked the deportations of Venezuelan migrants detained in Texas because the government failed to meet the minimum guarantees of due process, such as informing detainees and allowing them a reasonable time to appeal. The decision was made following an emergency petition filed by the ACLU, which reported attempts at deportations without a fair process.
What has been the impact of Trump's immigration policy on the rights of migrants?
Trump's immigration policy, which includes the invocation of the Foreign Enemies Act and the elimination of Temporary Protected Status (TPS) for Venezuelans, has generated a series of legal challenges and criticism from human rights advocates. The government's actions have been perceived as an attempt to criminalize migration and have faced strong opposition in the courts, which question the lack of due process and the conditions of detention.
What measures has the ACLU taken to protect Venezuelan migrants?
The American Civil Liberties Union (ACLU) has filed emergency petitions with the courts to halt the deportations of Venezuelan migrants under the Foreign Enemies Act. The organization argues that the government is circumventing legal restrictions by transferring migrants to detention centers where there are no court orders for protection, and it seeks to ensure that due process is upheld.
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