The court and the Trump administration have repeatedly clashed this week in two famous immigration cases, with another Supreme Court showdown looming.
Miles Parks, Host:
President Donald Trump moved at a fast pace to set his immigration agenda, including a massive deportation pledge. However, the strategy also left the government in the midst of several legal battles, including the Supreme Court. Ximena Bustillo, NPR immigration policy reporter, is with me now. Hello, Ximena.
Ximena Bustillo, byline: Hey, miles.
Park: So let's start with immediate development. Overnight, the Supreme Court issued an order against the president. What did you say?
Bustillo: Well, the judiciary has issued an order that blocks the administration from using alien enemy laws to eliminate people currently held at Bluebonnet detention facilities in Texas. This order came just after midnight East, and only two judges – Clarence Thomas and Samuel Alito opposed.
Park: And why that particular detention centre?
Bustillo: Yesterday, the American Civil Liberties Union captured immigrants who received a form entitled Alien's Enemy Law arrest and removal notices and warrants, were being detained there. The ACLU and other legal bodies immediately filed the documents with the DC District Court. They said the client got the form.
A few weeks ago, the Supreme Court had determined that the administration could use alien enemies to deport people, but they had to ensure that those people had a legitimate process and had an opportunity to challenge the allegations, including claims that they were gang members. The ACLU argues there was nothing in the form that demonstrated how those people could challenge deportation or how long enough to do so. So they asked DC Judge James Boasberg to issue a temporary restraining order regarding the use of the law. However, Boasberg denied the motion and said he didn't believe he had jurisdiction to do so because he was in DC, so the group sued the Supreme Court.
Parks: The actions of the alien enemy now seem to be becoming a big part of the immigration fight. Can you remind us why the administration wants to use it?
Bustillo: Yeah, the act of the alien enemy is a wartime force that the president can call. Trump did that last month, but was previously mostly used during the war era when it was actually declared. It was last used during World War II. Essentially, the law allows the administration to streamline deportation and waive regular immigration court processes. And because he wants to speed up these deportations and removals, it's beneficial for Trump, and immigration courts can take months or even years.
The ACLU and other groups oppose the use of the law. They argue that this is how the administration is implementing it – there is no legitimate process. Even when it was last used there was a hearing committee where at least they could hear someone's case as to why they shouldn't be removed.
The Supreme Court has allowed the administration to use the law, at least for now, and has told the ACLU that if they want to fight it, they need to do so individually. As a result, various cases have been filed in district courts, some of which have blocked the administration from using this strategy with those detained in detention centers within the geographical jurisdiction of these courts. So let's go back to blueblonnet…
Park: That's right.
Bustillo: …That facility in Texas. The ACLU claims that the administration is trying to move people there as it is one of the Texas detention centers that are currently not blocked. But the administration has denied that it is their strategy.
Park: Has the administration said anything since the Supreme Court issued this ruling?
Bustillo: The White House is not responding immediately before the ruling came out last night. A Homeland Security spokesman told me they were in compliance with court orders. The president also took him to the truth social and posted another film-style video in which the man was taken out of the plane and put in a CECOT cell after his head was shaved. It was El Salvador's infamous Mega Prison, where over 100 people were last taken away by alien enemy law.
Parks: As we saw this week, the administration is using El Salvador as an important partner in these removals. What does it look like and does it look ahead?
Bustillo: Therefore, the use of alien enemy laws has been delayed due to many of these district court decisions, and of course, the Supreme Court decision last night. But there are other ways the administration can send people to CECOT. They have sent several selected flights from the United States along with people who still claim to be members of the gang, spurred by the growing alliance between Trump and Salvador President Naibe Bukere. Bukere says he wants to expand the facility.
Park: I think it's all different – it feels like we're getting something new almost every day – doing something from the current court on immigration. Can you take a step back and talk about how the entire administration's overall agenda of immigration policy is generally perceived by the courts?
Bustillo: So it's definitely a bit of a mixed bag. They had some wins and they also had some losses. Some of their efforts have been blocked by court cases or are still caught up in the lawsuit. One major example of this is the first day executive order that imposes restrictions on birthright citizenship. Do you remember that? The Supreme Court has set up oral arguments on many cases that will challenge it next month. The administration has also received temporary restraint orders and has now blocked attempts to revoke parole statuses for more than half a million Cubans, Haitians, Nicaraguans and Venezuelans.
But as we argue, they have seen some victories, at least for now, like approval to exploit the alien enemy law. You can learn more about how far the administration will go, and how the Judiciary branch as a whole will navigate the new policies Trump wants to implement.
Parks: Thank you Ximena Bustillo, NPR Immigration Policy Reporter, for tracking everything for us. Thank you very much.
Bustillo: Thank you for welcoming me.
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