The Supreme Court granted the request made by a group of Venezuelans to give more time to challenge deportation under the President Donald Trump‘s administration’s use of the Alien Enemies Act, NBC News reports.
The 7-2 decision clarified the order issued by the justices on April 19, which paused government plans to deport people held in northern Texas, faulting the administration for only giving detainees 24 hours to give a legal challenge.
“Under these circumstances, notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal, surely does not pass muster,” the ruling states before acknowledging that the justices themselves “far removed from the circumstances on the ground,” are not best placed to determine exactly what process should be followed.
The court decided to send the case back to an appeals to ultimately determine what due process the migrant detainees should receive. The litigation hinges on the Trump administration using the Alien Enemies Act, which has rarely been used since being innacted in the 18th century, to deport Venezuelans alleged to have affiliation to the notorious Tren de Aragua gang.
“To be clear, we decide today only that the detainees are entitled to more notice than was given on April 18,” the ruling states.
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