Supreme Court hands Trump big immigration win
The Trump administration and the courts have been battling since day one over Trump’s immigration agenda.
Well, Trump finally notched a win, but it is not exactly as the media is portraying it, so my plan today is to fix that.
Let’s Play Catch Up
We need to go back to Trump’s desire to use the wartime legislation, the Alien Enemies Act, to deport criminal illegals.
When Trump used this, I predicted he would lose this case because there is no way the courts would allow him to say we were being invaded by an enemy force.
Again, I am all for deporting everyone who came over the border illegally, but I know it will be tough, and this law is not the answer.
The major factor in this is that this law removes due process, and the only way the justices were going to allow that would be in an actual war.
Denied
As I had predicted, the Supreme Court shut this down, for the most part.
The real issue was not addressed by the Court, as it focused more on the due process aspect of the removals, just as I stated above.
The majority stated, “We have long held that ‘no person shall be’ removed from the United States ‘without opportunity, at some time, to be heard.’”
This was not the end of the world for Trump, as it simply stated these people needed to be given time to argue their case... due process. Also, as I predicted, Justices Alito and Thomas dissented from the case. This was about as easy to call as the sun coming up in the morning. I am not bringing this up to slap myself on the back, but merely making a point that the writing was on the wall here, and anyone with any legal knowledge could see how this was going to play out.
Plenty of Time
The issue of how long the migrants needed to file their case came before the Court again, and this time, Trump won.
The ruling came down 5-4, with Justice Gorsuch crossing the aisle, with the majority agreeing that while there were concerns, these cases often drag on forever, and that 30-day window was sufficient.
Alito, in a footnote in the majority opinion, wrote, "The Government reminds us that such proceedings have often lasted many months and even years. . . . That is surely not what Congress anticipated when it enacted the streamlined procedure.”
This is a big win for Trump, but the fight is far from over, and this is clearly not the win many on the right are making it out to be. This is one battle in a long line of battles. Having said that, it is great to finally pop a bottle of champagne rather than a bottle of vinegar.