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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSupreme Court ruling on Alien Enemies Act raises new due process concerns for migrants
Supreme Court ruling on Alien Enemies Act raises new due process concerns for migrants(CNN via MSN)
The Supreme Court ruling that permits President Donald Trump to use a centuries-old wartime authority to speed deportations is drawing sharp criticism from immigration experts who fear the decision could erode migrants due process rights to have their cases reviewed before theyre sent to a foreign prison.
The courts 5-4 ruling Monday night requires those challenging Trumps use of the Alien Enemies Act to rely on a complicated and rarely successful legal process known as habeas corpus, and to potentially file those claims in some of the most conservative federal courts in the nation.
The lack of clarity around how people facing deportation under the 1798 law will be notified and whether theyll be able to access a lawyer to help them navigate that process is prompting questions about whether Trumps targets under the act will actually receive the due process the Supreme Court majority promised in its unsigned opinion.
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The courts 5-4 ruling Monday night requires those challenging Trumps use of the Alien Enemies Act to rely on a complicated and rarely successful legal process known as habeas corpus, and to potentially file those claims in some of the most conservative federal courts in the nation.
The lack of clarity around how people facing deportation under the 1798 law will be notified and whether theyll be able to access a lawyer to help them navigate that process is prompting questions about whether Trumps targets under the act will actually receive the due process the Supreme Court majority promised in its unsigned opinion.
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"Alien enemies". Cute.
More effective than "illegal aliens".
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Supreme Court ruling on Alien Enemies Act raises new due process concerns for migrants (Original Post)
Munu
Yesterday
OP
Posts linking 11 month old stories should indicate that this is not a new ruling.
onenote
21 hrs ago
#5
bucolic_frolic
(54,414 posts)1. The Red Scare lives
Republican racist paranoia is always reborn
Munu
(144 posts)2. Historical note
The Alien Enemies Act was about a situation with the French government (not immigrants from France).
https://en.wikipedia.org/wiki/Alien_and_Sedition_Acts#Alien_Enemies_Act
To give the president additional powers to detain foreigners during times of war, invasion, or predatory incursion.
bucolic_frolic
(54,414 posts)3. You're right it's anchored in the early 1800s but still xenophobia
that keeps echoing
spanone
(141,174 posts)4. This fucking 'supreme' court.
Enabling a dictator
onenote
(46,047 posts)5. Posts linking 11 month old stories should indicate that this is not a new ruling.
Polybius
(21,609 posts)6. 10 month old story
Story from 4-8-25.
Igel
(37,424 posts)7. Actually, that's not its official name.
That's "An Act Respecting Alien Enemies".
It's from 1798 so I doubt Trump and MAGA had much to do with naming it.
It's paired with the Alien Friends Act, officially "An Act Concerning Aliens". Also from 1798.
Ms. Toad
(38,381 posts)8. This is old news. Please label it as a story about an April 2025 decision.
Reading it, it suggests the ruling came down within the past week ("Monday ruling"
. Technically it was a Monday ruling, just not a recent Monday.