“First, the men at the center of the 60 Minutes segment were in fact shipped off to CECOT without any sort of judicial review. Second, even after the Supreme Court ruled that alleged “alien enemies” have a due process right to challenge their removal via habeas corpus petitions, the administration made that option nearly impossible to pursue in practice, as the Court subsequently recognized. Third, the government maintains that federal courts have, at most, a highly circumscribed role in these cases, saying they have no authority to question Trump’s historically unprecedented invocation of the AEA against alleged gang members.
Trump’s assertion of unreviewable power under the AEA is part of a broader pattern that became clear during his first year in office. He has made similar claims regarding his tariffs and National Guard deployments. In these and other cases, Trump’s position undermines civil liberties, the rule of law, and the separation of powers by attacking the crucial role that the judicial branch plays in making sure that presidents respect statutory and constitutional limits on their authority.”