The Supreme Court issued an order blocking the removal of Venezuelan men in immigration custody who are targeted under the Alien Enemies Act (AEA) as members of the Tren de Aragua (TdA), a group labeled a foreign terrorist organization (FTO). Justices Alito and Thomas dissented, with Thomas indicating he would elaborate later.
TdA and the FTO Designation
The Center has documented TdA's rise since 2013 when it was founded in a Venezuelan prison by Hector Rustherford Guerrero Flores. The group expanded its operations into Colombia and other South American countries, engaging in criminal activities like exploiting migrants and establishing a presence in border areas. In Chile, TdA is linked to severe crimes, including the 2024 kidnapping of a Venezuelan opposition figure. U. S. authorities placed bounties on TdA leaders, including Niño Guerrero, and the State Department designated TdA as an FTO in February 2024, highlighting its violent actions.
PP 10903 and AEA Removals
President Trump invoked the AEA to remove TdA members, marking the first use of this law outside declared wars. His proclamation aimed to detain all Venezuelan members of TdA in the U. S. Following legal challenges, the Supreme Court ruled that only habeas proceedings could be pursued for those detained under this proclamation.
Recent Legal Developments
In A. A. R. P. v. Trump, two Venezuelan nationals sought relief from removal under the AEA. The court blocked their removal and ordered that no detainees could be removed until further notice. Justices Alito and Thomas expressed concerns about the lack of procedure followed in issuing the order and the potential implications for due process.
In conclusion, the legal actions around the TdA's designation and the AEA's use highlight ongoing tensions between national security measures and the rights of individuals in immigration proceedings.
https://cis.org/Arthur/Justices-Alito-and-Thomas-Tear-SCOTUS-Majority-1-am-TdA-Ruling
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