Mixed Signals on Alleged Alien Enemies -- Lawfare

[erronis]

https://www.lawfaremedia.org/article/mixed-signals-on-alleged-alien-enemies
Quinta Jurecic, Natalie K. Orpett, Benjamin Wittes

The Supreme Court insists on due process but offers no specifics and leaves hundreds in a Salvadoran prison with no remedy.

The Supreme Court’s decision Monday in Trump v. J.G.G. has sent a strange set of mixed messages to the Trump administration concerning its invocation of the Alien Enemies Act to ship hundreds of Venezuelan migrants to a prison in El Salvador.

On the one hand, the justices unanimously affirmed that people slated for deportation under this initiative are entitled to receive judicial review and, hence, to receive reasonable notice of their designations to facilitate their ability to contest the planned actions against them.

On the other hand, it remains to be seen how robust the process the court sketched out will prove to be for those not already deported. And the move probably leaves those who have already been shipped to El Salvador entirely without remedy.

What’s more, the Court seems to turn a blind eye to the administration’s apparent violation of a district court order three weeks ago to turn around planes that were flying these people out of the country—meaning that the Court may be leaving hundreds of Venezuelans in a Salvadoran prison and the Trump administration unaccountable for putting them there in an action of dubious legality.

. . .

A long and good discussion on the regime's actions and how "... the five justices who signed onto the per curiam ruling held that these detainees must challenge their detentions by seeking a writ of habeas corpus, rather than through any other legal mechanism."