Latest Breaking News

BumRushDaShow

(151,641 posts) Wed Apr 30, 2025, 02:16 PM Wednesday

'Denied': Appeals court cites Supreme Court in refusing to let Trump resume deportations under Alien Enemies Act

Source: Law & Crime

Apr 30th, 2025, 10:50 am

A federal appeals court in Colorado has rejected an emergency request from the Trump administration seeking to stay a lower court ruling temporarily blocking the federal government from using an 18th-century wartime authority to fast-track the removal of Venezuelan migrants with limited notice and minimal, if any, due process.

A three-judge panel on the U.S. Court of Appeals for the 10th Circuit on Tuesday kept in place a temporary retraining order (TRO) issued on April 22 by U.S. District Judge Charlotte N. Sweeney barring deportations in Colorado under the Alien Enemies Act (AEA).

In a two-page order, the panel reasoned that the administration was not entitled to a stay of the TRO because it did not show that leaving the order in place was “likely” to cause the government to suffer “irreparable harm.”

“The government has not made such a showing in this case,” the panel wrote in the brief two-page opinion. “All members of the class are in federal custody. And given the important unresolved issues under the Alien Enemies Act and the ruling of the United States Supreme Court that no one in that proceeding be removed under the AEA until further order of that Court, there is no realistic possibility that the government could remove any member of the class from this country before final expiration of the TRO on May 6, 2025.” “Accordingly, the emergency motion for a stay is denied,” the order concluded.

Read more: https://lawandcrime.com/high-profile/denied-appeals-court-cites-supreme-court-in-refusing-to-let-trump-resume-deportations-under-alien-enemies-act/

Link to ORDER (PDF) - https://s3.documentcloud.org/documents/25922645/dbuordca10042925.pdf

REFERENCE - https://www.democraticunderground.com/10143445648

4 replies

= new reply since forum marked as read

Highlight:

'Denied': Appeals court cites Supreme Court in refusing to let Trump resume deportations under Alien Enemies Act (Original Post) BumRushDaShow Wednesday OP

You would think that by now, Been A Dick Donald would realize that the courts, so far, are not bowing down to him. MarineCombatEngineer Wednesday #1

Ugh, I didn't realize the TRO expires on MAY 6!!! LauraInLA Wednesday #2

Good republianmushroom Wednesday #3

Deadline: Legal Blog---Trump-appointed judge calls Trump's Alien Enemies Act invocation 'unlawful' LetMyPeopleVote Yesterday #4

MarineCombatEngineer

(15,181 posts)

1. You would think that by now, Been A Dick Donald would realize that the courts, so far, are not bowing down to him.

Reply to BumRushDaShow (Original post)

Wed Apr 30, 2025, 02:19 PM

Wednesday

But his ego is so big that he thinks he's a god who can't be wrong.

His removal from this earth will be a blessing on all of humanity.

LauraInLA

(1,830 posts)

2. Ugh, I didn't realize the TRO expires on MAY 6!!!

Reply to BumRushDaShow (Original post)

Wed Apr 30, 2025, 02:22 PM

Wednesday

republianmushroom

(19,690 posts)

3. Good

Reply to BumRushDaShow (Original post)

Wed Apr 30, 2025, 04:12 PM

Wednesday

LetMyPeopleVote

(162,387 posts)

4. Deadline: Legal Blog---Trump-appointed judge calls Trump's Alien Enemies Act invocation 'unlawful'

Reply to BumRushDaShow (Original post)

Thu May 1, 2025, 08:12 PM

Yesterday

The Texas judge’s ruling is significant because it dealt head-on with the merits of the wartime law. It’s not the last word on the issue.
https://bsky.app/profile/photoframd.bsky.social/post/3lo5gx4mso22b

Trump-appointed judge calls Trump’s Alien Enemies Act invocation ‘unlawful’. The Texas judge’s ruling is significant because it dealt head-on with the merits of the wartime law.

Link to tweet

https://www.msnbc.com/deadline-white-house/deadline-legal-blog/alien-enemies-act-invocation-unlawful-rcna204232

President Donald Trump’s invocation of the Alien Enemies Act has faced intense preliminary litigation in courts around the country, leading to rulings such as the Supreme Court’s insistence that people potentially subject to the act must receive due process. But a new and significant ruling from a Trump-appointed judge on Thursday gets to the heart of the matter, deeming the president’s invocation itself “unlawful.”

The 1798 act was previously used only during declared wars. The text of the act says it’s for “[w]henever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted or threatened against the territory of the United States by any foreign nation or government.”.....

The Trump appointee reviewed the historical record from the time of the act’s passage and found that the terms “invasion” or “predatory incursion” are meant to refer to “an organized, armed force entering the United States to engage in conduct destructive of property and human life in a specific geographical area.” Applying that background to Trump’s proclamation, the judge said TdA’s activities as described in the proclamation don’t qualify under the act.

While this is just one ruling from one (Trump-appointed) judge in one district, it shows the difficulty the administration could face in ultimately prevailing before the Supreme Court on the merits of the issue. Other trial and appellate court judges around the country could also favorably cite Rodriguez’s ruling if they agree with it, though they wouldn’t be bound by it. Trial judges are bound by appellate rulings in their circuits, and all judges are bound by the Supreme Court. Rodriguez sits in the 5th U.S. Circuit Court of Appeals, the most conservative circuit, which would typically be the next step on the appellate chain if the government chooses to challenge the ruling.

In any event, Rodriguez’s decision doesn’t prevent the administration from using normal immigration authorities outside the rarely used act to carry out deportations.

The new ruling also underscores the illegality of the administration having already summarily removed people to El Salvador under the act and deposited them into a notorious prison there. Lawyers are also pressing to get them returned to the United States. And the ruling comes as the administration fights against returning Kilmar Abrego Garcia, a Salvadoran native who was also illegally deported to that country (albeit not under the Alien Enemies invocation).

The invocation of the Alien Enemies Act is not supported by the law and I am shocked that it has taken this long for a court to rule on this act. I saw that trump is appealing directly to SCOTUS and by passing the 5th Circuit. This will be fun to watch.

Reply to this discussion