Alito對驅逐移民案件發出異議, 指法院在半夜匆忙通過命令阻止特朗普的行動 (2/2)

 Recently Yahoo News on-line picked up the following:

Alito's dissent in deportation case says court rushed to block Trump with middle-of-the night order (2/2)

Sun, April 20, 2025 at 6:55 a.m. PDT·4 min read

The Associated Press

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Alito said the legal filings, “while alleging that the applicants were in imminent danger of removal, provided little concrete support for that allegation.” He noted that while the court did not hear directly from the government regarding any planned deportations under the Alien Enemies Act in this case, a government lawyer in a different matter had told a U.S. District Court in a hearing Friday evening that no such deportations were then planned to occur either Friday or Saturday.

“In sum, literally in the middle of the night, the Court issued unprecedented and legally questionable relief without giving the lower courts a chance to rule, without hearing from the opposing party, within eight hours of receiving the application, with dubious factual support for its order, and without providing any explanation for its order,” Alito wrote. “I refused to join the Court’s order because we had no good reason to think that, under the circumstances, issuing an order at midnight was necessary or appropriate. Both the Executive and the Judiciary have an obligation to follow the law."

The administration has filed paperwork urging the high court to reconsider its hold.

On Friday, two federal judges refused to step in as lawyers for the men launched a desperate legal campaign to prevent their deportation. Early Saturday, the 5th U.S. Circuit Court of Appeals also refused to issue an order protecting the detainees from being deported.

The ACLU had already sued to block deportations of two Venezuelans held in the Bluebonnet facility and sought an order barring removals of any immigrants in the region under the Alien Enemies Act.

In the emergency filing early Friday, the ACLU warned that immigration authorities were accusing other Venezuelan men held there of being members of the Tren de Aragua gang, which would make them subject to Trump's use of the law.

It has only been invoked three previous times in U.S. history, most recently during World War II to hold Japanese-American civilians in internment camps. The administration contends it gives them the power to swiftly remove immigrants they identified as members of the gang, regardless of their immigration status.

Following the unanimous high court order on April 9, federal judges in Colorado, New York and southern Texas promptly issued orders barring removal of detainees under the law until the administration provides a process for them to make claims in court.

But there had been no such order issued in the area of Texas that covers Bluebonnet, which is 24 miles north of Abilene in the far northern end of the state.

Some Venezuelans subject to Trump's use of the law have been sent to El Salvador and housed in its notorious main prison.

Translation

 Alito對驅逐移民案件發出異議, 指法院在半夜匆忙通過命令阻止特朗普的行動 (2/2)

Alito 表示，法律文件「雖然聲稱申請人面臨被驅逐出境的迫在眉睫的危險，但幾乎沒有為這一指控提供具體的支持」。他指出，雖然法庭沒有直接聽取政府關於本案根據《敵對外國人法》實施驅逐出境計劃的陳述，但在另一件案件之中，一名政府律師在周五晚上的聽證會上告​​訴美國地方法院，週五和周六均沒有計劃進行此類驅逐。

Alito 寫道：「總括來說，法院在半夜時分就發佈了前所未有的、法律上存疑的緊急許可令，沒有給下級法院作出裁決的機會，法院在收到申請後的八小時內沒有聽取對方當事人的意見，而支持發佈命令的事實基楚也值得懷疑，亦沒有對其所發出的命令提供任何解釋」; 「我拒絕認可法院這命令，因為我們認為在這種情況之下, 沒有理由或需要要在午夜發布暫緩令。行政部門和司法部門都有義務遵守法律」。

該政府已提交文件，敦促最高法院重新考慮其裁決。

週五，兩名聯邦法官拒絕介入，而有律師則發起了一場絕望的法律運動，以阻止眾人被驅逐出境。週六早些時候，美國第五巡迴上訴法院也拒絕發布保護被拘留者免於驅逐的命令。

美國公民自由聯盟 (ACLU)已經提起訴訟，要求阻止驅逐被關押在 Bluebonnet 監獄的兩名委內瑞拉人，並尋求禁止根據《外國敵人法》去驅逐該地區的任何移民。

美國公民自由聯盟 在周五早上提交的緊急文件中警告稱，移民當局指控被關押在那裡的其他委內瑞拉人都是 Tren de Aragua 幫派的成員，這將使他們受到特朗普法律的制裁。

美國歷史上僅援引過這法三次，最近一次是在第二次世界大戰期間，將日裔美國平民關押在拘留營。特朗普政府聲稱，《外國敵人法》賦予他們權力迅速驅逐被認定為該幫派成員的移民，無論其移民身份如何。

繼4月9日最高法院一致下達命令後，科羅拉多州、紐約州和德克薩斯州南部的聯邦法官迅速發布命令，禁止根據該法驅逐被拘留者，直到政府在法庭上為他們提供程序以作出要求或主張。

但在德州最北端地區的 Abilene 的以北 24 英里處的 Bluebonnet，尚未發布此類命令。

一些受到特朗普法律制裁的委內瑞拉人被送往薩爾瓦多，並被關押在其臭名昭著的主要監獄。

              So, Justice Samuel Alito criticized the seven-member majority in the Supreme Court. Alito held the opinion that the Court had issued a legally questionable relief without giving the lower courts a chance to rule and without hearing from the opposing party. Alito also believed that the court had no good reason to think that to issue an order at midnight was necessary or appropriate. Justice Samuel Alito also pointed out the fact that deportees had no chance to defend themselves in court and as a result they were being denied due process rights. Due process rights is an important legal procedure in all democratic societies.