Trump administration considers suspension of civil right constraining deportation efforts
Taking aim at "Habeas Corpus"
THE WEEK’S US BORDER NEWS IN BRIEF:
Trump Administration considering attempting to suspend “Habeas Corpus”: White House Deputy Chief of Staff Stephen Miller on Friday said they are “actively looking at” suspending habeas corpus, “(depending) on whether the courts do the right thing or not.” Habeas corpus forces the government to bring a detained person before a judge to justify why they are being held to prevent arbitrary or illegal imprisonment. Important note: U.S. Presidents do not have the power to suspend habeas corpus on their own. It can only be suspended by Congress. Additionally, the US Constitution states that "The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it".
Alien Enemies Act invocation dealt setbacks: Three federal judges’ rulings have challenged the basis of the Trump administration’s use of the Alien Enemies Act to target those it suspects of ties to Venezuela’s Tren de Aragua criminal organization. The judges call into question whether the gang’s presence constitutes a “predatory incursion” from the Venezuelan government, justifying the use of the 1798 wartime law. A newly declassified consensus document from the U.S. government’s intelligence community comes to the same conclusion: that Venezuela is not sponsoring Tren de Aragua activities in the United States.
More migrants charged with trespassing in “Defense Areas”: More than 200 migrants have now been arrested and charged with trespassing on a military installation since the Trump administration declared a 60-foot fringe of territory along the border in New Mexico to be a “National Defense Area.” The move has created confusion in federal courts and concerns about avoiding longstanding bans on military participation in law enforcement. The administration has declared a second defense area in west Texas, east of El Paso.
Updates on third-country migrant renditions: It appears that the administration was close to deporting a group of migrants to Libya until a federal judge intervened. The May 7th episode highlights ongoing diplomatic efforts to convince several troubled countries to accept more migrants removed from the United States. A Washington, DC judge sought answers about who has custody of the roughly 288 Venezuelan and Salvadoran people sent to El Salvador’s mega-prison, while new details emerged about those renditions.
New cases highlight the humanitarian impact of Trump administration crackdown: Seven migrants have died in ICE detention centers since the Trump administration began. A Guatemalan woman who gave birth in a Tucson hospital narrowly avoided being removed with her newborn or forced to leave the baby in the United States. Media coverage looked at other separated families while President Trump and Stephen Miller voiced opposition to guaranteeing due process for noncitizens.
Congressional updates: Republican majorities in both houses of Congress continue to work on a massive bill that includes big spending on deportation and hardening of the border. The timetable for likely passage is slipping amid unrelated disagreements. Data points and questionable assertions emerged as DHS Secretary Kristi Noem testified before House appropriators.
NOTE: This weekly summary was adapted from a far more comprehensive one by WOLA.org, which you can read in full HERE.
(If you found this summary helpful, I invite you to financially support WOLA’s work).
FINALLY, IN CASE YOU MISSED IT:
(Stories US Border News published during the past week):
US Border: Record Fentanyl Busts Hit Sinaloa Cartel Hard 400 Kilos of Fentanyl Seized
Texas Border: Feds Seize $13M in Cartel Drugs Cocaine smuggling routes hit
Texas "Sharia City" Federal Investigation Launched Requested by US Sen. John Cornyn
I am committed to delivering a US Border Newsletter that is not only educational and insightful but also engaging and easy to digest in five minutes or less.
(How am I doing? Let me know in the comments!)
Abrazos,
Jack Beavers
Check your history regarding congressional approval required when a president declares suspension of Habeus Corpus
Lincoln and three other presidents did it without congress
Not when it comes to invasion and public safety