Noted attorney Alan Dershowitz said Wednesday that the Supreme Court’s ruling on deportations might not be a complete victory for President Donald Trump.

The Supreme Court ruled late Monday that the Trump administration could use the Alien Enemies Act to deport members of the Venezuelan prison gang Tren de Aragua (TdA) in a 5-4 decision. Dershowitz said the Supreme Court gave Trump “partial victory” in by upholding his power to kick the gang members out, but that there was a catch, specifically regarding how he deported the gang members.

“It’s true! Technically, he won three cases, but they were all narrow and procedural, and I think both sides are making too much of these Supreme Court cases,” Dershowitz said. “The Supreme Court is sending an interesting message, I think, and it’s a five to four message. So, you know any one justice, Justice Barrett, obviously, who was appointed by Donald Trump, who called me and asked me my advice on Supreme Court nominations when the vacancies occurred. People thought they could count on her vote always to be for Trump. No, it turns out it isn’t true, she, like other justices, are often unpredictable and I think I understand what the court is doing.”

WATCH:

“So let me sit out my theory of what I think the Supreme Court is doing. “They, you know, when they say the Supreme Court is nine people and they’re five to four, six to three, so it is hard to describe the inner workings of an institution but what the court is saying to everybody to all sides of this contested series of issues, about deportation, about firing, about all that,” Dershowitz continued. “They’re basically saying to both sides, slow down, take a breath, think about it, we’re not rushing anywhere here, we’re not gonna rush. You can deport people, sure, we’re gonna let you use the [Alien Enemies Act of 1798] to deport people who you reasonably believe are against the interests of the United States and may have lied on their visa applications. We’re gonna let you do that substantively, but we’re not going to let you violate their due process. We’re going to make you comply with procedural safeguards.”

Trump issued several executive orders to address illegal immigration and border security, including designating Mexican drug cartels, TdA and MS-13, an El Salvadoran prison gang, as foreign terrorist organizations upon taking office on Jan. 20 and invoked the Alien Enemies Act of 1798 to speed up the deportation of gang members on March 15.

United States District Judge James Boasberg of the District of Columbia issued an injunction on March 15 ordering the Trump administration to turn two planes carrying members of the Venezuelan gang to El Salvador around.

United States District Judge Paula Xinis of the District of Maryland ordered the Trump administration to return Abrego Garcia, an adjudicated member of the El Salvadoran prison gang MS-13, to the United States Friday.

“President Trump is exercising executive power in aggressive and often novel ways and opponents are suing to stop him, but in a trio of recent orders, the Supreme Court has sent lower court judges an important reminder, they must still respect judicial rules and procedures,” Dershowitz read. “A 5-4 majority handed Trump a partial victory. It is a partial, the group by allowing the administration and continue supporting Venezuelans believed to be, members of this gang under the [Alen Enemies Act], but the unsigned order, didn’t really rule on the underlying issue.”

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