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Munu

(144 posts)
Sun Feb 1, 2026, 07:32 AM 13 hrs ago

Supreme Court ruling on Alien Enemies Act raises new due process concerns for migrants

Supreme Court ruling on Alien Enemies Act raises new due process concerns for migrants
(CNN via MSN)

The Supreme Court ruling that permits President Donald Trump to use a centuries-old wartime authority to speed deportations is drawing sharp criticism from immigration experts who fear the decision could erode migrants’ due process rights to have their cases reviewed before they’re sent to a foreign prison.

The court’s 5-4 ruling Monday night requires those challenging Trump’s use of the Alien Enemies Act to rely on a complicated and rarely successful legal process known as habeas corpus, and to potentially file those claims in some of the most conservative federal courts in the nation.

The lack of clarity around how people facing deportation under the 1798 law will be notified and whether they’ll be able to access a lawyer to help them navigate that process is prompting questions about whether Trump’s targets under the act will actually receive the due process the Supreme Court majority promised in its unsigned opinion.

...


"Alien enemies". Cute.
More effective than "illegal aliens".
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Supreme Court ruling on Alien Enemies Act raises new due process concerns for migrants (Original Post) Munu 13 hrs ago OP
The Red Scare lives bucolic_frolic 12 hrs ago #1
Historical note Munu 12 hrs ago #2
You're right it's anchored in the early 1800s but still xenophobia bucolic_frolic 12 hrs ago #3
This fucking 'supreme' court. spanone 11 hrs ago #4
Posts linking 11 month old stories should indicate that this is not a new ruling. onenote 10 hrs ago #5
10 month old story Polybius 10 hrs ago #6
Actually, that's not its official name. Igel 4 hrs ago #7
This is old news. Please label it as a story about an April 2025 decision. Ms. Toad 4 hrs ago #8

Munu

(144 posts)
2. Historical note
Sun Feb 1, 2026, 08:03 AM
12 hrs ago

The Alien Enemies Act was about a situation with the French government (not immigrants from France).
https://en.wikipedia.org/wiki/Alien_and_Sedition_Acts#Alien_Enemies_Act

To give the president additional powers to detain foreigners during times of war, invasion, or predatory incursion.

Igel

(37,424 posts)
7. Actually, that's not its official name.
Sun Feb 1, 2026, 04:01 PM
4 hrs ago

That's "An Act Respecting Alien Enemies".

It's from 1798 so I doubt Trump and MAGA had much to do with naming it.

It's paired with the Alien Friends Act, officially "An Act Concerning Aliens". Also from 1798.

Ms. Toad

(38,381 posts)
8. This is old news. Please label it as a story about an April 2025 decision.
Sun Feb 1, 2026, 04:09 PM
4 hrs ago

Reading it, it suggests the ruling came down within the past week ("Monday ruling&quot . Technically it was a Monday ruling, just not a recent Monday.

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