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The US Supreme Court allows President Donald Trump to continue using the law on military time to fulfill fast mass deportations allegedly members of the gang.
On March 15, in Salvador, he temporarily blocked the deportation of the alleged members of the Venezuelan gang, deciding that the actions stipulated by the law on aliens 1798 require additional control.
Trump claimed that migrants were members of the Tren de Aragua gang “, which pursued an irregular war against the United States, and therefore could be removed according to the law.
While the administration claims that the ruling as a victory, the judges instructed the Department to give the opportunity to dispute their removal.
“The notice should be provided at a reasonable time and in such a way that they will actually seek help in the proper place before such removal happens,” the judge wrote in an unsigned decision on Monday.
“The only question is which court will solve this problem,” they wrote.
The ruling on Monday stated that the challenge – brought by the US Union of Civil Liberties (ACLU) on behalf of five migrants – was raised incorrectly in the Washington court, not in Texas where migrants are limited.
The Conservative Justice of Amy Horse Barrette joined the three liberal judges in disagreement with the ruling of the majority.
In disagreement, they wrote that “the behavior of the administration in this lawsuit poses an unusual threat to the rule of law.”
Trump called the Decree “Big Day for Justice in America”.
“The Supreme Court supported the rule of law in our country, allowing the president who, who could be, be able to provide our borders and protect our families and the country itself,” he wrote in truth.
ACLU also stated the ruling As a “huge victory”.
“We are disappointed that we will need to start the trial again elsewhere, but the critical moment is that the Supreme Court stated that people should be provided with the proper process to challenge their removal according to the law on foreign enemies,” Aclu Ba Lee Gelert said in a statement.
At least 137 people were deported by the Trump administration in accordance with the law on foreign enemies, and this course is widely condemned by groups of rights.
The law, which is last used in the Second World War, gives the US president that sweeps the powers to order the detention and deportation of the natives or citizens of the “enemy” of the nation without performing ordinary processes.
It was adopted as part of a number of laws in 1798, when the United States believed to go into war with France.
Trump’s administration says all deported are members of the Tren de Aragua gang. A powerful multinational criminal group, which Trump recently announced a foreign terrorist organization, is accused of trading sex, drug smuggling and murder both at home and in major US cities.
US immigration officials said the detainees were “thoroughly tested” and confirmed as a gang members before heading to Salvador, under an agreement with the country.
But many are not deported in court documents in the US court documents, official immigration and customs execution (ICE).
Some relatives Deported migrants said BBC The men were mistaken in the repression of immigration and they are innocent.
Several other families said they believed that the deported were mistaken as members of the gang from their tattoos.
Monday’s decision released the previous decision of the federal judge James Basberg, later backed by a federal appeal court, which temporarily blocked the use of the law to comply with deportations.
Basberg rejected the government’s response to his order “not enough”. The White House stated that the judge’s order was not legal and was issued after two flights transporting men had already left the United States.
Human rights groups and some legal experts called the call of this law unprecedented, claiming that it was used only after the US officially declared a war that only the US Constitution could do.