Legal experts have been raising concerns over President Donald Trump’s defiance of the court and the administration’s continued refusal to bring back Kilmar Abrego Garcia, a Maryland man wrongly deported to El Salvador.
In an article published in The Bulwark Tuesday, legal analyst Corbin Barthold noted that Trump is invoking the Alien Enemies Act of 1798, which cannot be used in peacetime and can only be applied to citizens of nations attacking the United States.
“But the president has invoked it against alleged members of Tren de Aragua, a Venezuelan gang. The leaps in logic are vast, but the president carries on,” he wrote.
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The article says some are still hopeful that “the administration’s authoritarian engines may soon run out of steam” as it finds out that its lawyers are having a hard time making “cruel” and “dishonest” arguments.
“As they flee the Justice Department, the government may find that its radical legal program starts to sputter and slow. Meanwhile, the Supreme Court may stiffen up, and public opposition may grow increasingly energetic. Various setbacks could, in theory, induce the administration to drop its worst aspirations.”
The writer then mentioned another view, according to which this is “a hinge moment of history.”
“On the left, calls for mass civil disobedience. On the right, murmurs of a need for dictatorship. We are coming upon a season of fever and visions — of signs and prophecies. A time may soon come when words, however reasoned, will not suffice. When no ruling from the Court can constrain the executive or preserve the peace,” the article said.
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Meanwhile, a federal court confrontation in Denver has the potential to influence the future legal framework regarding deportations being carried out by the Trump administration across the country.
On Monday, a crucial hearing in a lawsuit brought by immigrant advocacy organizations against the Trump administration took place. Administration lawyers contended that individuals scheduled for deportation should receive only 24 hours’ notice to challenge their deportation order in court. But attorneys representing the ACLU and the Rocky Mountain Immigrant Advocacy Network asserted that 24 hours isn’t “reasonable.”
Tim Macdonald, a representative of the ACLU Colorado, told CBS, “If the government can remove these folks without due process, it erodes civil liberties for every one of us, and they could be next. We could be next. If the government is able to dispense with due process, it’s a risk for liberty for all of us.”