Court Upholds Deportation Restraining Order

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temporary restraining order

Law & Crime

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US Politics

'The government is mistaken': Appeals court strongly rubbishes Trump admin efforts to deport without due process, keeps lower court's restraining order in place

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73% Informative

A federal court of appeals has upheld a temporary restraining that bars the government from summarily deporting immigrants without due process by citing an obscure wartime law.

The Trump administration claimed something not entirely unlike plenary authority to quickly deport immigrants using the Alien Enemies Act (AEA) of 1789 .

The law, which has not been used since World War II , has hitherto been understood to apply only during an actual war with another country.

Judge Millett says the lower court is equipped to deal with the case on the merits at this stage.

She also chided the government for what appeared to remove the case from the court’s jurisdiction by its actions.

Millett used especially strong language to take issue with the Trump administration's interpretation of the AEA .

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formal

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English

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