The Trump administration ends with the Sadr Court, the legal right to challenge the detention of the individual The constitution of the United States and civil freedoms
On Friday, Stephen Miller, a White House adviser, said that the Trump administration is considering suspending the court’s order, that the legal right to challenge the individual’s detention.
“The constitution is clear, and this is of course the supreme law of the land, where the privilege of the matter of appearing at the time of conquest can be suspended at the time of invasion. So this is an option that we look actively. Many of them depend on whether the courts do the right thing or not,” Miller said For a group of correspondents at the White House.
The condition of suspension in the US constitution He says: “It is not permissible to suspend the privilege of the matter of appearance in front of the appearance, unless public safety in cases of rebellion or conquest may require this.” The harvest was not suspended except Four times In the history of the United States, most notably Ibrahim Lincoln during the Civil War. He was also suspended during the efforts to fight Ku Klux Klan in the nineteenth century in South Carolina, and in the Philippines in 1905 and in Hawaii after Pearl Harbor.
Geas Corpus’s comment will be a very aggressive step that will greatly climb the Trump administration’s efforts to attack the rule of law in American courts as it tries to deport people without giving them an opportunity to challenge the basis of their removal operations.
Miller, known for a long time for him The extreme right positions in immigrationHe sought to spread a maximum approach in carrying out mass deportations. The United States government has already produced A little evidence To justify migrant deportations and in some cases, he sought to legally remove students in the United States to express their opinions, especially support for the Palestinians.
Many immigrants whose Trump administration has moved strongly to the deportation – including Mahmoud Khalil and Romisa Ozturk – made sits in efforts that are a challenge to deport them.
The administration has already tried to deport persons without legal procedures by calling the law of foreign enemies (AEA), a law in the eighteenth century that allows the president to do so in wartime.
The Trump administration justified its use of the wartime authorities granted by the law by saying that the United States is subject to the “invasion” written by Trine de Aragua, a Venezuelan gang. However, federal judges appointed six different presidents, including Trump, They rejected The administration claims that the United States is undergoing invasion and prohibiting removal operations.
Judge Karen Henderson, Reagan and George W. Bush, wrote, On March 26By agreeing to Judge Patricia Melit, one of the appointed in Obama, the government claims that the term “conquest” as is used in AEA includes “the arrival of people or things that are not wanted there.”
Judge Stephanie Gallagher, one of the appointed Trump, said that the refusal of the government’s demand is facing an invasion and office On April 23 The administration’s lawyers “did not provide any evidence, or even any specific allegations”, on how anyone entered the country as a minor who is not accompanied by his relatives and later sought to resort to “pose a threat to public safety.”
As Steve Vladik, a law professor at Georgetown, He wrote in his news letter Friday: “Miller is slipping around the actual text of the constitution.” Vladic pointed out that the condition of the comment “does not say that appearance can be suspended during any invasion”, and he actually says that it is not permissible to suspend the right, “unless it is in cases of rebellion or conquest may require public safety.”
“[T]Vladic said: “The default was that the failure to pay is the judicial review except when there is a specific emergency of national security that the judicial review in emergency situations can be aggravated,” said Vladic. The same emergency is not enough. The launch of a person like Rümeysa öztürk from the detention of immigration does not pose any threat to public safety. “
But while the courts tried to stop the administration’s efforts to deport people illegally, Trump attacked the judges because of his ruling against him, and in some cases the courts defied publicly.