The United States Supreme Court raised an order of a federal court that prevented the United States Government from carrying out summary deportations of Venezuelan citizens. The measure is based on a law of 1798 known as the Law of Foreign Enemies, a regulation that historically has only been used in times of war.
The decision of the highest court, taken with a vote of five in favor and four against, revokes the temporary block that had been imposed on March 15 by federal judge James Boasberg, and which was subsequently kept in force by a court of the Federal Appeals circuit.
After knowing the ruling, the president of the United States, Donald Trump, issued a statement in which he held the decision. «The Supreme Court has defended the rule of law in our nation by allowing a president, whoever, ensures our borders and protects our families and our country. A great day for justice in the United States! ”, Said the president.
Donald Trump’s administration had argued before the Supreme Court that the situation on the border constituted a issue of national emergency security, justifying the need to lift the judicial block. The Government also pointed out that the Constitution grants the President a clear competence in the field of national security.
In its opinion, the Supreme Court said that migrants arrested and subject to expulsion orders have the right to be notified already the opportunity to challenge their deportation within «a reasonable time.» In addition, he indicated that, since the migrants in question are confined in Texas, any legal battle against their deportation must be resolved in courts of that state and not in the district of Columbia.
It should be remembered that President Trump has affirmed that the Transnational Train of Aragua, which he links with the Government of Nicolás Maduro, is entering the country. In this context, on March 15 he invoked the Law of Foreign Enemies, legislation that was not used since World War II and that allows the expulsion of foreigners without a previous judicial hearing.
Despite the initial court order of Judge Boasberg, that same day, three planes chartered by the US government transferred approximately 200 Venezuelans, who were taken to the terrorism confinement center (CECOT), a maximum security prison in El Salvador.
The Decision of the Supreme Court opens the door to the implementation of the summary deportations of Venezuelans under this controversial law, generating an intense debate on the rights of immigrants and the scope of the presidential authority regarding national security.
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