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The Supreme Court on Monday unanimously agreed that alleged members of the Venezuelan gang Tren de Aragua have a due process right to challenge President Donald Trump’s use of the Alien Enemies Act (AEA) to summarily deport them.
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As the Court’s unsigned order in Trump v. J.G.G. notes, “‘it is well established that the Fifth Amendment entitles aliens to due process of law’ in the context of removal proceedings,” meaning “the detainees are entitled to notice and opportunity to be heard ‘appropriate to the nature of the case.'” Specifically, the majority says, “AEA detainees must receive notice after the date of this order that they are subject to removal under the Act. The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.”
That order decisively rejects the Trump administration’s attempt to deport suspected gang members without judicial review.
