But behind the scenes, a political appointee told a career ofcl to rework the assessment, a direction that allies of the #intelligence analyst said amounted to pressure to change the findings.
#Trump on March 15 invoked the #law, the #AlienEnemiesAct, to summarily remove people accused of being members of the gang, TdA. The #AEA requires a foreign state’s involvement, & Trump claimed #Venezuela’s govt directed the gang to commit crimes in the US.
#SCOTUS sets up how the litigation will proceed.
The #Trump admin is BARRED from deporting people held in WDTX under the #AlienEnemiesAct pending #SupremeCourt review. The #5thCircuit is ordered to rule not just on #DueProcess, but ALSO on the #underlying merits of the #AEA proclamation.
#law #immigration #Rendition #StateSponsoredAbduction #Constitution #CivilRights #HumanRights #Judiciary #SeparationOfPowers #AbuseOfPower
About that ruling from Judge Haines, agreeing that TdA's presence in the US constitutes an "invasion" under the AEA...
In her opinion, she first claims not to be bound by originalism, only to seek to expand the meaning of the law by reviewing the definition of words used at the time of the passage of the AEA.
Count me skeptical of someone who likes to have their cake and eat it, too.
The thing is, she ought to have looked it up in Black's.
"Tulsi Gabbard fired the top 2 officials at the Nat Intelligence Council after the council authored an assessment that contradicted Trump’s rationale for invoking the Alien Enemies Act & deporting alleged Venezuelan gang members w/o #dueprocess.
The assessment by the NIC found that the Venezuelan govt is most likely not directing the activities of TdA or facilitating its operations in the US."
-J Hudson
#TrumpRegime #Fascism #Deportations #AEA #NIC #USPol https://www.washingtonpost.com/national-security/2025/05/14/gabbard-intelligence-venezuela-tren-de-aragua/
One of weakest parts of Judge Haines' #AlienEnemiesAct ruling:
"The Court will accept as true President Trump's conclusion, via the Proclamation, that TdA is acting 'at the direction...of the Maduro regime'"
Unjustified abdication of #judicial role.
And despite US #intelligence saying otherwise.
The DCT simply seems to confuse (repeatedly) the idea that
1) detainees must seek discharges through #habeas with
2) the only habeas relief is discharge.
There’s another practical problem. Even though the #Trump admin has lost class certification issues everywhere else, it only takes one.
If the refusal to certify the class in NDTX sticks, then - dollars to donuts - the admin is going to funnel all of the #AEA detainees there, & it will subsequently remove them to #CECOT.
In JGG v. Trump–the case in which #SCOTUS sent the #AEA litigation out of the DC District–SCOTUS specifically said that #habeas could be used to review &, if necessary, preclude AEA removal. It’s not limited to discharge.
In fact, JGG seemed to indicate the case had to be treated as habeas litigation BECAUSE it sought “injunctive & declaratory relief against the implementation of, & [detainee] removal under, the Proclamation.”
#Trump #AlienEnemiesAct #immigration #law #judiciary #DueProcess
The DCT seems to suggest that it’s denying class certifications to protect the interests of the #AEA detainees. But there is just no threat of preclusion that the DCT needs to PROTECT AGAINST.
Third, the court expressed doubt about whether there can be injunctions & declaratory relief in cases with #habeas claims. Instead, the DCT seems to believe, habeas relief is for discharge only. Again, I’m confused.
#Trump #AlienEnemiesAct #immigration #law #judiciary #DueProcess
3) does the #AEA Proclamation unlawfully circumvent #immigration procedures specified in Title 8;
4) do AEA detainee destinations require screenings for torture; &
5) are the Government’s notice procedures constitutional?
The DCT opinion denying class treatment of these common issues involves many black-letter legal mistakes. Here’s 3. These are flat-out mistakes, not questions subject to reasonable disagreement amongst fairminded lawyers.
Faraiwe
Nonilex
Spin D'Accord
Kim Perales