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PaperclipPerfector  1yr ago (text post)   31628 thread views

Culture War Roundup for the week of March 17, 2025

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Do legal immigrants (including green card holders - if there is an legal "invasion" then they are exempted from the Tren de Aragua proclamation as a matter of grace and not obligation on the part of the administration) have rights, like at all?

This has been answered; they do indeed have rights "at all". The question is how far they extend.

What is the procedure for judicial review of an executive policy which may be facially illegal and cannot or should not be litigated piecemeal by individual litigants with standing?

This does not matter here. The courts can still review the deportations that have taken place; it is not as if there are no remedies available. A court could, for example, order the re-admission of illegally deported aliens. Thus there is no issue with litigating it by individual litigants with standing.

Can the administration circumvent court processes (including habeas corpus) by flying detainees out of the country to a foreign prison before the judge has time to finalise an order?

Of course they can; there is no law or rule providing for an automatic stay pending a court proceeding in these cases. I'm somewhat skeptical of this sort of thing. I'd be a lot more skeptical, however, if I wasn't fairly convinced the opposite was also occurring -- courts making bad-faith snap decisions just to stymie political enemies in the executive.

This does not matter here. The courts can still review the deportations that have taken place; it is not as if there are no remedies available. A court could, for example, order the re-admission of illegally deported aliens. Thus there is no issue with litigating it by individual litigants with standing.

Can the US courts order detainees released from a Salvadorean prison? Bukele doesn't think so, given his "too late" tweet.

This isn't a deportation case - this is a detention without trial case.

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