Please be aware’ that this is the latest Supreme Court information concerning this particular discussion, and we can’t assume’ they’re not going to be given due process, we can only hope:
—— The U.S. Supreme Court has recently addressed due process for illegal immigrants in several rulings, particularly focusing on the Trump administration’s use of the Alien Enemies Act of 1798 to expedite deportations. Here’s a summary of the key points from these rulings: 1. **Alien Enemies Act and Due Process (April 2025)**: - In a 5-4 decision on April 7, 2025, the Supreme Court lifted a temporary restraining order that had blocked the Trump administration from using the Alien Enemies Act to deport alleged Venezuelan gang members. However, the Court unanimously emphasized that individuals targeted for removal under this act are entitled to due process. Specifically, the Court ruled that detainees must receive adequate notice and a reasonable opportunity to challenge their removal through habeas corpus petitions before deportation occurs. The majority opinion stressed that this notice must be provided in a manner that allows detainees to seek judicial review, including challenges to the interpretation and constitutionality of the Act.[]( https://www.cnn.com/2025/04/08/politics/due-process-supreme-court-alien-enemies-act/index.html)[](https://www.newsweek.com/supreme-court-order-alien-enemies-act-tren-de-aragua-deportations-2056994)[](https://www.aclu.org/press-releases/supreme-court-lifts-temporary-block-on-trumps-use-of-alien-enemies-act-to-deport-immigrants-clears-path-to-further-challenges ) - The dissenting justices (Sotomayor, Kagan, Jackson, and partially Barrett) agreed that deportations without due process are illegal, arguing that the administration’s actions, such as deporting individuals with minimal notice (sometimes less than 24 hours), violated constitutional protections. They noted that many deportees, sent to El Salvador based on alleged gang affiliations, were likely misidentified, often due to tattoos or clothing.[]( https://www.newsweek.com/supreme-court-order-alien-enemies-act-tren-de-aragua-deportations-2056994)[](https://www.aclu.org/press-releases/supreme-court-lifts-temporary-block-on-trumps-use-of-alien-enemies-act-to-deport-immigrants-clears-path-to-further-challenges ) 2. **Kilmar Abrego Garcia Case (April 2025)**: - On April 10, 2025, the Supreme Court upheld a lower court’s order to facilitate the release of Kilmar Armando Abrego Garcia, who was deported to a Salvadoran prison without a hearing, in violation of a 2019 court order protecting him from deportation due to gang persecution risks. The Court ruled that his deportation was illegal and ordered the government to ensure his case is handled as it would have been had he not been improperly deported. This case highlighted the Court’s stance that due process violations, such as deportations without hearings, are unconstitutional.[]( https://www.factcheck.org/2025/04/due-process-and-the-abrego-garcia-case/)[](https://www.politico.com/news/2025/05/10/donald-trump-immigration-deportations-due-process-00339319 ) 3. **Temporary Halt on Deportations (April 19, 2025)**: - In an emergency ruling issued at 1 a.m. on April 19, 2025, the Supreme Court (in a likely 7-2 decision, with Alito and Thomas dissenting) temporarily blocked the Trump administration from deporting Venezuelan detainees at the Bluebonnet Detention Center in Texas under the Alien Enemies Act. The Court reiterated that deportations could only proceed if individuals are given a reasonable time to contest their removal in court, reinforcing the due process requirement. This action was in response to the administration’s attempts to restart deportations with minimal notice.[]( https://www.npr.org/2025/04/19/g-s1-61385/supreme-court-block-deportations)[](https://www.politico.com/news/2025/04/19/supreme-court-trump-immigration-ruling-00299717 ) 4. **General Due Process Principles**: - The Supreme Court has long held that noncitizens within the U.S. are entitled to due process under the Fifth Amendment, which applies to “persons” regardless of citizenship status. This principle was reaffirmed in a 1993 opinion by Justice Antonin Scalia, stating that aliens in deportation proceedings are protected by the Fifth Amendment.[]( https://www.pbs.org/newshour/politics/what-constitutional-rights-do-undocumented-immigrants-have)[](https://www.politico.com/news/2025/05/10/donald-trump-immigration-deportations-due-process-00339319 ) - However, the extent of due process varies. For instance, illegal immigrants generally have fewer procedural protections than citizens or lawfully admitted aliens. Under the “expedited removal” program, migrants detained within 100 miles of the border and present for less than two years can be deported without a hearing, though asylum seekers must be given a credible fear interview.[]( https://abcnews.go.com/Politics/constitution-supreme-court-due-process-trump-deportees-analysis/story?id=121485100)[](https://carmanfullerton.com/what-is-due-process-immigrants/ ) - The Court has also clarified that while Congress can limit due process for noncitizens (e.g., through expedited removal), indefinite detention or summary deportation without any notice or opportunity to be heard raises serious constitutional concerns.[]( https://www.law.cornell.edu/constitution-conan/amendment-5/removal-of-aliens-who-have-entered-the-united-states ) 5. **Practical Challenges and Criticism**: - Immigration advocates and legal experts have criticized the Court’s rulings for not providing a clear mechanism to ensure due process in practice. For example, habeas corpus petitions are difficult to file, especially for detainees without access to attorneys, and the administration’s use of short timelines (e.g., 12-24 hours to challenge removal) has been deemed inadequate by groups like the ACLU.[]( https://www.cnn.com/2025/04/08/politics/due-process-supreme-court-alien-enemies-act/index.html)[](https://abcnews.go.com/Politics/constitution-supreme-court-due-process-trump-deportees-analysis/story?id=121485100)[](https://www.newsweek.com/supreme-court-order-alien-enemies-act-tren-de-aragua-deportations-2056994 ) - The Court’s decisions have been seen as a mixed outcome: while affirming due process rights, they allow the administration to continue using the Alien Enemies Act, potentially leading to rapid deportations with limited oversight. Critics argue this erodes checks and balances, especially given the administration’s history of disregarding court orders.[]( https://www.cnn.com/2025/04/08/politics/due-process-supreme-court-alien-enemies-act/index.html)[](https://www.latimes.com/politics/story/2025-04-09/trump-alien-enemies-act-supreme-court ) 6. **Broader Implications**: - Federal judges, including those appointed by Trump, have warned that eroding due process for immigrants could set a precedent for undermining the rights of U.S. citizens. For example, a judge on the 4th Circuit Court of Appeals noted that if the executive can deport noncitizens without process, it could extend to citizens, threatening the rule of law.[]( https://www.politico.com/news/2025/05/10/donald-trump-immigration-deportations-due-process-00339319 ) - The Court’s rulings have sparked debate, with some X posts claiming the justices are “making up” due process rights for illegal immigrants not found in the Constitution, while others argue the Court is upholding established precedent. These sentiments reflect polarized views but are inconclusive without further evidence. In summary, the Supreme Court has consistently affirmed that illegal immigrants are entitled to due process, including notice and an opportunity to challenge deportation, particularly under the Alien Enemies Act. However, the practical implementation of these rights remains contentious, with ongoing legal challenges and concerns about the administration’s compliance. The Court’s rulings balance executive authority with constitutional protections, but critics argue they fall short of ensuring meaningful access to justice for detainees. For further details, you can explore sources like the ACLU’s updates (https://www.aclu.org) or CNN Politics (https://www.cnn.com).[]( https://www.cnn.com/2025/04/08/politics/due-process-supreme-court-alien-enemies-act/index.html)[](https://www.aclu.org/press-releases/supreme-court-lifts-temporary-block-on-trumps-use-of-alien-enemies-act-to-deport-immigrants-clears-path-to-further-challenges ) On Mon, May 12, 2025 at 7:21 PM Kathy Madison via Lincoln < [email protected]> wrote: > Please be aware. People being snatched off streets and given no due > process before they’re shipped off to hell holes is a Trump invention & > it’s Unconstitutional! > > Sent from my iPhone > > On May 12, 2025, at 6:34 PM, V Saleme <[email protected]> wrote: > >  > > Not sure if it’s tyranny which seems to be replacing Russia Russia Russia > these days but more of the mandate of ICE, used historically under all > administrations. > > I just looked to AI relative to the requirement for ice to notify the > general public and here’s what came back so it appears short of a FOIA > request, we will never know what’s happening; > > “ U.S. Immigration and Customs Enforcement (ICE) is not legally mandated > to publicly disclose specific reasons for arresting individuals suspected > of being in the country illegally. ICE operates under the Department of > Homeland Security and follows federal laws, primarily the Immigration and > Nationality Act, which governs immigration enforcement. Their arrests are > typically based on suspected violations of immigration law, such as > unlawful entry, overstaying a visa, or criminal convictions that render > someone deportable. > > However, ICE is not required to notify the public about the details of > individual arrests, as this could compromise ongoing investigations, > violate privacy laws, or interfere with due process. ICE may release > general statements or press releases about significant enforcement actions, > but these are discretionary and often lack specific details about > individual cases. Public information is usually limited to what is shared > voluntarily or through Freedom of Information Act (FOIA) requests, which > can be heavily redacted “ > > On Mon, May 12, 2025 at 5:34 PM Leslie Turek <[email protected]> > wrote: > >> "shouldn’t there be an effort to determine root cause of individuals >> being apprehended in the name of journalistic integrity?" >> >> How can we tell if they don't feel they are required to appear before a >> court? That's part of the whole tyranny thing. >> >> Leslie Turek >> >> On Mon, May 12, 2025 at 4:58 PM Rick Sale <[email protected]> wrote: >> >>> All in as well but shouldn’t there be an effort to determine root cause >>> of individuals being apprehended in the name of journalistic integrity? Is >>> ICE Simply rounding up random people? Are the people that are being >>> targeted doing something illegally or against a law on the books? >>> >>> On Mon, May 12, 2025 at 2:22 PM Kathy Madison via Lincoln < >>> [email protected]> wrote: >>> >>>> Agree! >>>> >>>> Where do we start? >>>> >>>> How do we organize Lincoln? >>>> >>>> Do you know if other towns are organizing? >>>> >>>> This is no academic exercise, but a choice between the rule of law and >>>> tyranny. Right now. >>>> >>>> >>>> Kathy >>>> >>>> >>>> >>>> On May 11, 2025, at 5:07 PM, Sara Mattes <[email protected]> wrote: >>>> >>>> We should think about/ talk about what we would do as individuals and >>>> as a community when ( not if) it happens here. >>>> >>>> Sent from my iPad >>>> >>>> Begin forwarded message: >>>> >>>> *From:* Concord Indivisible <[email protected]> >>>> *Date:* May 11, 2025 at 12:15:17 PM EDT >>>> *To:* [email protected] >>>> *Subject:* *🚨 Today at 3:00. Protest ICE arrests in Acton.* >>>> *Reply-To:* [email protected] >>>> >>>>  >>>> >>>> >>>> <https://click.actionnetwork.org/ss/c/u001.EtNV8HBC60Tl7UuGmXS3sdP_e9IXihnzegm-vlL79NPRzteKaKPBOIfL6IlpKNMcfx9JU6jzhXcIZtIR7PaAZ-MtO6fuxmXa9DXeipKp6G2rM1pCDvEQkYlWEnquM2duHjpa83VNLVZKlXZJR8X5x6_InmV5sCwEQzXKs3UhzZH6f7tbVORbI4u-GfRZLhAae5_lBFAiojPj9dQSVQeMQ8wI92_6QBdP6hpAnK8Bgrefbh2YQBPUFa4X1TAOgAUM4WzN0fWfX817z9gHVHJ81bfGnDu2ce0m1bAm4pMbkmSBLGmptIh3MRPkeHGe4tnn/4ge/z9104AOoSVOvW6vFVsQOKw/h0/h001.j1iQv_JulCHu2fK4iHS7hzIF_0-0jH3Bw6Y4FtqqvzU> >>>> >>>> >>>> *It's happened in our community. * >>>> >>>> >>>> *Yesterday masked ICE agents abducted individuals off the streets of >>>> Acton. * >>>> Given the Trump administration's track record of acting illegally and >>>> cruelly, we are joining with the Peacemaker's Network for an *emergency >>>> protest today at 3pm* in front of Acton Town Hall at 472 Main St. >>>> >>>> >>>> State Senator Jamie Eldridge will be there. Here's a post from him >>>> yesterday: >>>> >>>> Sent via ActionNetwork.org >>>> <https://click.actionnetwork.org/ss/c/u001.vJH41MPG4bgUd6h6NGKFprEVd5SZ3aeQlOtv77_nyyRBI4C2b_YO9qq-UGqVlg734T4oWmQxcDEVHveD0SNFIXDQEv6B3Drl-H6RVlBzSe4Z_XW4zAB3rS47YNc8UyxvLqdQIfDCoA5isBXAWMwAvL89tB05xYq0yn1qytntC2IJdqXUMFIS81euAaZrlKRvUiAQTGLcd878Xanf91DSUWI7Uw83jZhOu9BoIT6LN_EZIeNP0z5ewRaj9wmjF-RMoTh0dOx2wKmWopagMKVkbSUDFfJqiVOhui4htbrOKxE/4ge/z9104AOoSVOvW6vFVsQOKw/h1/h001.9ZCF5RLKbFK7m_3wZl19Lu9EYYRikUZipPuIpYwwwps>. >>>> To update your email address, change your name or address, or to stop >>>> receiving emails from Concord Indivisible, please click here >>>> <https://click.actionnetwork.org/ss/c/u001.qUXRBnqZ7T8nxbpAcIVwoUsWLkUMWlo_0JmZttSlm3-gP0Xd1LL-Lub7Gk22PHy9Vfx5w6k7Qz6PBIPIxo7lRqSlBEfoccXD5fPhcR_GPIGwX2H4KUyhrwvjYS6jM1cT-3igmSW5YkSv01fsuijMVrX7P_8w6QtxtHNYGL1wpRyWSsEL0TZbnAW7Q6llc8sOfCfLm2VJAzAzHEdmwxWOFPXNRok9fEbf1hypBkw36Rd-yoSsF5raEGn_2a14Mye2NiH1YCXdwCLR-XkhwNmfeC9Y0p9rzfw8CuVVsY_-hnybJRDzXfcpEiKnAPWHzyl8AzzwQ1MjZjaWhDXWNeqbhFujnVMloozlTx7_y4udKNcEE6iLAqZF_k5MCaIsMql8QhcmtsxHkLq4IZnz0McU95iPQgFCRtM2Ob-0lOb3qLF6WaB1wZ5652a1G8acZC65O-m9BD5N0X1QIdNEL2PATYfYNT6ijNFLqsh3ZL6xzlI/4ge/z9104AOoSVOvW6vFVsQOKw/h2/h001.IKG7AvCV6rbDjidMNUn_zeNXlP2Qi45bpC11PSHnbLk> >>>> . >>>> >>>> -- >>>> The LincolnTalk mailing list. >>>> To post, send mail to [email protected]. >>>> Browse the archives at >>>> https://pairlist9.pair.net/mailman/private/lincoln/. >>>> Change your subscription settings at >>>> https://pairlist9.pair.net/mailman/listinfo/lincoln. >>>> >>>> >>>> -- >>>> The LincolnTalk mailing list. >>>> To post, send mail to [email protected]. >>>> Browse the archives at >>>> https://pairlist9.pair.net/mailman/private/lincoln/. >>>> Change your subscription settings at >>>> https://pairlist9.pair.net/mailman/listinfo/lincoln. >>>> >>>> -- >>> Rick >>> -- >>> The LincolnTalk mailing list. >>> To post, send mail to [email protected]. >>> Browse the archives at >>> https://pairlist9.pair.net/mailman/private/lincoln/. >>> Change your subscription settings at >>> https://pairlist9.pair.net/mailman/listinfo/lincoln. >>> >>> -- >> The LincolnTalk mailing list. >> To post, send mail to [email protected]. >> Browse the archives at >> https://pairlist9.pair.net/mailman/private/lincoln/. >> Change your subscription settings at >> https://pairlist9.pair.net/mailman/listinfo/lincoln. >> >> -- > The LincolnTalk mailing list. > To post, send mail to [email protected]. > Browse the archives at https://pairlist9.pair.net/mailman/private/lincoln/ > . > Change your subscription settings at > https://pairlist9.pair.net/mailman/listinfo/lincoln. > > -- > The LincolnTalk mailing list. > To post, send mail to [email protected]. > Browse the archives at https://pairlist9.pair.net/mailman/private/lincoln/ > . > Change your subscription settings at > https://pairlist9.pair.net/mailman/listinfo/lincoln. > > -- Rick
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