Harvard's esteemed law professor emeritus, Alan Dershowitz, recently expressed his belief on Newsmax that the Supreme Court will ultimately support President Donald Trump's initiative to deport foreign gang members.
This assertion follows a contentious ruling by a divided Fifth Circuit panel, which determined that President Trump's application of the 1798 Alien Enemies Act against the Venezuelan gang, Tren de Aragua, exceeded the statute's intended reach.
The panel's decision, split two-to-one, argued that the gang's actions did not meet the threshold of a national conflict as envisioned by the law.
As reported by the Daily Caller, Dershowitz, during his appearance on "The Record with Greta Van Susteren," emphasized the pivotal role of the Supreme Court's interpretation of immigration statutes in the context of contemporary threats. He remarked, "Its a close question. Reasonable people can interpret the statute as including a massive entry into the United States on the orders of another country. It was a two to one decision."
Despite the uncertainty, Dershowitz ventured a prediction: "In the end, the Trump administration will win the right to deport Venezuelan gang members either under some inherent authority, under a different statute, or under a different interpretation of this statute."
Dershowitz further suggested that the lower court's ruling might not endure. He stated, "So this is not a foregone conclusion that this result will last. I predict it will not. I think the president will be recognized as having the right to prevent alien gang members from remaining in the country one way or another."
Tren de Aragua, originally formed within a Venezuelan prison in 2013, has evolved into a formidable international criminal syndicate, boasting a membership of approximately 5,000 individuals operating globally. The gang's influence has permeated the United States, with confirmed operations in at least 15 states.
This prompted President Trump to classify it, alongside other significant Latin American gangs, as a foreign terrorist organization through an executive order.
The exodus of roughly 8 million Venezuelans under President Nicolas Maduro's authoritarian regime has further complicated the situation. Many of these individuals entered the United States during the Biden administration's border surge.
Some crossed illegally, while others were granted parole under President Joe Biden's program for Cubans, Haitians, Nicaraguans, and Venezuelans. This pathway was exploited by individuals later identified as having ties to Tren de Aragua, as evidenced by data from Customs and Border Protection and arrest records.
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