Columbia Standard

In Washington, a group of prominent Democratic lawmakers issued statements in response to the Supreme Court's recent decision concerning the Alien Enemies Act of 1798. U.S. Senate Democratic Whip Dick Durbin, alongside Senator Alex Padilla and Representatives Jamie Raskin and Pramila Jayapal, expressed concerns over the court's ruling, which lifts a hold on removals under the Act.

"The Supreme Court’s decision to allow the Trump Administration to move forward with deporting people under the Alien Enemies Act—an archaic wartime law—will unquestionably harm people caught up in this oppressive nightmare," the legislators said.

The statement further questioned the legitimacy of the actions taken under the wartime authority. "This decision also leaves unanswered whether the President’s dangerous and unprecedented invocation of the wartime authority to go after immigrants was lawful in the first place," it continued.

The lawmakers highlighted discrepancies in deportations made without due process, noting that the administration has accelerated deportations and suggested the possibility of individuals facing confinement in foreign prisons. "Although the Court unanimously agreed that deportations without due process are illegal, the reality is the Trump Administration has been rapidly and erroneously deporting people and has taken the position that those erroneously deported may be confined to foreign prisons with no redress," the statement reads. They noted the difficulty imposed by the court's decision that challenges must proceed via individual habeas petitions before deportations can occur.

Durbin, Padilla, and other senators, including Cory Booker and Peter Welch, had previously criticized former President Trump for attempting to use the Alien Enemies Act to deport individuals without due process. Both Durbin and Padilla are cosponsors of the Neighbors Not Enemies Act, which aims to repeal the Alien Enemies Act.

The lawmakers vowed vigilance over the administration's compliance with the court's directive, stating, "We will be watching closely to ensure that the Administration complies with the Court’s order and will continue to fight against the illegal invocation of the Alien Enemies Act."