Trump is permitted to remove Venezuelans in battle legislation by the Court of Appeals, but after the courts have reviewed the case.

The Supreme Court on Monday cleared the way for the Trump administration to use an 18th century wartime law to deport Venezuelan migrants but said that they must have a court hearing before they are removed from the United States.

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In a split, sharply worded decision, the court said the administration would have to provide Venezuelans who it alleges are members of gangs with “reasonable time” to seek to contest in court the administration’s efforts to expel them.

But the conservative majority insisted the legal challenges belong in Texas, not a Washington courtroom.

The court’s action seems to prevent the administration from immediately resuming flights that hundreds of migrants took last month to a notorious prison in El Salvador. The flights followed President Donald Trump’s invocation of the Alien Enemies Act — for the first time since World War II — to justify the deportations under a presidential proclamation that described the Tren de Aragua gang as an invading force.Here some details!

Justice Sonia Sotomayor said that it would be more difficult for people anywhere they’re detained to challenge deportations, while also noting that the administration, in another case before the court, has also said that it’s unable to return people recently deported to the El Salvador prison by mistake.

“We, as a Nation and a court of law, should be better than this,” she added. Her statement! 

The justices acted on the administration’s emergency appeal following an order by the federal appeals court in Washington leaving in place a temporary prohibition on the deportation of the migrants, whom the government has accused of being gang members, under the rarely used Alien Enemies Act.

“For all the rhetoric of the dissents,” the court said in an unsigned opinion, the order by the high court confirms “that the detainees subject to removal orders under the AEA are entitled to notice and an opportunity to contest their removal.”

The case has served as a flash point in the increasing tension between the White House and the federal courts. It’s the second time in less than a week that a majority of conservative justices has awarded Trump at least a partial win in an emergency appeal after lower courts had barred parts of his agenda.

Other cases remain pending, including one over Trump’s plan to deny citizenship to U.S.-born children of parents in the country illegally.

Trump commended the court for its action on Monday.

“The Supreme Court upheld the Rule of Law in our Nation by allowing a President, any President, to be able to close our Borders, and protect our families and our Country, itself. “A GREAT DAY FOR JUSTICE IN AMERICA!” Trump said on his Truth Social site.

Lawyers for the American Civil Liberties Union brought the suit on behalf of five Venezuelan noncitizens being detained in Texas, just hours after the proclamation was made public and as immigration officials were overseeing the transportation of hundreds of migrants to awaiting airplanes.

Lee Gelernt, a lawyer for the A.C.L.U., said that the “critical point” of the high court’s ruling was that people must get due process to be able to challenge their removal. “That’s a significant victory,” he added.

Boasberg ordered deportations be put on temporary hold and also ordered planeloads of Venezuelan immigrants back to the U.S. That did not happen. Last week, the judge held a hearing on whether the government had disobeyed his order to turn the planes around. So far, the administration has invoked a “ state secrets privilege ” and declined to provide Boasberg with further information about the deportations.

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Trump and his allies have demanded Boasberg be impeached. In an unusual statement, Chief Justice John Roberts said that “impeachment is not an appropriate response to disagreement concerning a judicial decision.”