Episode 107: Abrego Garcia and the Venezuelans : SCOTUS's emergency decisions

SCOTUS issued back-to-back emergency, lightning-fast decisions in two of the most hotly contested immigration cases in America: Noem v. Kilmar Armando Abrego Garcia, 640 U.S. ___ (2025) (4/10/2025) and A.A.R.P. v. Donald J. Trump, 640 U.S. ___ (2025) (4/19/2025). It is extremely rare for SCOTUS to issue emergency decisions, and it's even more rare for SCOTUS to issue preliminary injunctions. But in this episode of the legal weekly news, we dive into the significant and alarming due process violations the Trump Administration is committing against non-citizens and how the U.S. Supreme Court has responded with swift preliminary injunctions and orders against the Trump Administration.

First, the Trump Administration hastily deported Kilmar Armando Abrego Garcia from Maryland to the notoriously violent mega-prison, CECOT, in El Salvador, claiming he is an MS-13 gang member. U.S. District Judge Paula Xinis ruled that the government, which admitted it made an "administrative error" in this deportation, must facilitate the return of Garcia, but the Trump Administration appealed to the Supreme Court. In a unanimous decision, SCOTUS agreed that the government must "facilitate the return" of Abrego Garcia.

Since then, the government has alleged that it's up to El Salvador to return Abrego Garcia. Returning to the U.S. District Court, Judge Xinis has since ordered the government to demonstrate what efforts it has made to facilitate the return of Abrego Garcia.

Second, the Trump Administration was attempting to deport more Venezuelans from Texas to El Salvador, when an emergency appeal landed in SCOTUS. In a 7-2 decision, SCOTUS agreed that the plaintiffs should remain in the United States pending a decision as to whether the Trump Administration can deport them under the Alien Enemies Act. The case is now back up on appeal to the 4th Circuit Court of Appeals where Judge J. Harvie Wilkinson wrote the unanimous opinion saying that Trump is using his executive power to silence his enemies, which is creating an "incipient" constitutional crisis.

Grab a glass of wine and join our Constitutional scholar and our full-time practicing attorney for a very lively and passionate discussion about due process with attorney Virginia Tehrani, Esq., and our constitutional expert, Dr. John R. Vile. ▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀▀

To learn more about Virginia Tehrani, Esq., check her out at: https://www.tehranilawllc.com/about-us/our-team/

To learn more about Dr. Vile and his amazing background and expertise in the American Constitution, along with a list of his publications about the Constitution, check him out at: https://www.mtsu.edu/honors/staff/vile.php

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LAW SCHOOL STUDENTS! Attorney Virginia Tehrani and former law student Chelsey Rogers (now attorney!) of The Law Unscripted team join up to provide supplemental Bar Examination and Law School study courses! These include outlines, lectures, discussions, and hypotheticals for the 8 core law school and bar examination subjects. You can purchase products a la carte, in bundles, or as a package on our website at www.thelawunscripted.com.

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