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- SCOTUS Just Ruled on the Texas Tren de Aragua Deportations
- For the time being, the Trump Administration can’t deport the Tren de Aragua guys; highlighted SCOTUS order attached.
- But it’s not all bad news for the Administration.
- We have a few things going on here: **First** is whether these TdA guys have the right to receive more notice than they did, so that they can effectively seek habeas-corpus relief and challenge their detention in court. **Second** is whether a preliminary injunction is appropriate to enforce whatever habeas rights the TdA guys might have. This is a stopgap measure and doesn’t dictate the final outcome of the case. And **third** is the final outcome—that is, whether Trump can indeed use the Alien Enemies Act to deport these guys.
- SCOTUS’s holdings today are not very surprising:
- · On the first issue (notice), SCOTUS said yes, the TdA guys have the right to more than the 24 hours of notice they received. But the Court does not specify how much notice they’re entitled to. It wants the Fifth Circuit to decide that. This virtually guarantees that someone will seek cert again once the Fifth Circuit decides—but who knows whether SCOTUS will accept the case (I’d wager that it would).
- · The second issue (injunctive relief) flows directly from the first. Having decided that the TdA guys are entitled to notice, SCOTUS was naturally going to maintain the status quo. Not surprising.
- · On the third issue (the case’s final outcome), SCOTUS punted. They have not opined on the legality of using the Alien Enemies Act to deport these guys. Unlike other courts that have declared the AEA improper, SCOTUS has withheld judgment. It says (in effect) that the TdA guys must prove that the AEA can’t be used. It also recognizes that these cases involve national security and must be handled expeditiously, and it directs the lower courts to “address AEA cases expeditiously.” This is a good moral win for the Administration, but its value is questionable since this case has to go back to the Fifth Circuit, then probably up to SCOTUS again, then possibly back and forth until it goes back down to the District Court where the merits can finally be litigated.
- Here’s something else: The last sentence of the order says, “The Government may remove the [TdA guys] under other lawful authorities.” In other words, today’s injunction doesn’t stop deportations based on other laws. Let’s see what the Administration dreams up.
- U.S. Drillers Say Peak Shale Has Arrived - WSJ
