George Washington University law professor Jonathan Turley said Monday evening on “The Ingraham Angle” that the Supreme Court needs to provide “finality and clarity” for the Trump administration regarding their deportation cases.
The Supreme Court in April ruled on a handful of cases from the Trump administration, with some addressing their push on deportations of illegal migrants. While discussing the possibility of illegal migrant Kilmar Armando Abrego Garcia being brought back to the U.S., Fox’s Laura Ingraham asked if there was a risk for the Trump administration with the Supreme Court’s recent rulings.
“Well, there is a risk. Early on, I joined many saying that Garcia should have been brought back under that order,” Turley said. “He would have been deported again. I mean, he could have been deported back to El Salvador, and this has drawn out that case.”
“The administration wants to fight on this hill. That’s very obvious. The risk is always that you’re going to alienate judges,” Turley added. “Just this weekend, a very respected judge, a conservative judge in the Fourth Circuit, really cautioned the administration to de-escalate. I think that those words should be heeded.”
In March, Abrego Garcia was deported from the U.S. to a mega-prison in El Salvador, leading an Obama-appointed judge to demand the administration bring the illegal migrant back. The Department of Justice brought the case before the Supreme Court, arguing that Abrego Garcia’s alleged MS-13 gang connections should justify his remaining in El Salvador, despite the error in deporting him.
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On April 10, however, the Supreme Court ruled that the Trump administration needs to “facilitate” Abrego Garcia’s “release from custody in El Salvador” and “ensure that his case is handled as it would have been” before he was sent to the foreign country.
Turley went on to say the administration will need to be “cautious with these cases,” as they need conservative judges to be willing to hear them out.
“The administration, however, has a legitimate point here that the court itself is responsible for some of this. What we need is clarity,” Turley said. “For years, the court told district court judges to stop issuing national injunctions but did little to give them guidelines. When they got the earlier case, they sent it back supporting an order to facilitate the return of Garcia and didn’t define what that means.”
“A lot of this disorder, I think, is a lack of clarity,” Turley said. “The Supreme Court’s got to come in. They’ve got to deal with the Alien Enemies Act. They’ve got to define what the president’s authority is under that act. They can’t just keep on saying facilitate or give due process. They need greater specificity. Once they do that, a lot of this is going to subside.”
On Monday, the Supreme Court temporarily halted President Donald Trump’s use of the Alien Enemies Act of 1798, with Justice Clarence Thomas and Justice Samuel Alito dissenting.
“The one thing about Trump in his first term, he complied with court orders. He pushed them to the limit. He often said tough words for the courts, but he complied. But that’s the value of clarity and finality,” Turley added. “And that’s what we have to get back to.”
(Featured Image Media Credit: Screenshot/Fox News/”The Ingraham Angle”)
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