Separately, the high court has temporarily allowed Trump to resume Alien Enemies Act expulsions, though the court said people targeted under the president’s declaration have a narrow right to make a habeas corpus claim in a conservative Texas court — a challenging argument in a challenging venue.
Habeas petitions, which require authorities to justify a person’s detention, generally depend on a given defendant being physically present in a given judicial district. What about all those already in CECOT? No court has addressed the issue head-on.
“I don’t know exactly what needs to happen. The problem is, [the Supreme Court didn’t] address what happened to the people that already got deported ... What about the toothpaste that’s already out of the tube?” Giardina asked.
“Habeas petitions go to the federal district courts where somebody is housed, or where they’re physically located,” Giardina said. “Convincing a district court [judge] in Texas that he still has jurisdiction over a habeas claim for a body that’s no longer in his jurisdiction — probably going to be a tall order. The argument would be that he was in your jurisdiction when his rights were violated, but again, never happened before.”
Yep, supreme court gets to pretend to be against some flagrant human rights violation to keep up their appearances while making sure nobody's actually able to do anything about it, that's the Roberts court we all know and hate