Attorneys representing a group of Venezuelan men fighting deportation and who are currently being held in Texas alleged to the Supreme Court on Monday that the Trump administration was not providing proper notice in contradiction to the high court's order instructing them to do so. (Getty Images)
"So, the detainees are entitled to notice and opportunity to be heard ‘appropriate to the nature of the case,’" the Court wrote, citing another Supreme Court precedent.
Former Palm Beach County, Florida, state attorney Dave Aronberg told Fox News Digital the high court has purposefully avoided "precise language" when issuing such opinions, leaving the lower courts to concretely delineate what proper due process looks like in these cases.
"Chief Justice [John] Roberts is trying to get unanimity within the Supreme Court," Aronberg said. "He wants everyone on the same page. And he also wants to avoid a constitutional crisis with the executive branch. So with all these competing interests in mind, he's trying to be more conciliatory than confrontational with the White House. But that can only go so far."
Aronberg said that "we may see stronger language going forward from the high court" as the legal challenges proceed.
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In its Monday filing, plaintiff attorneys argued the notice given to the detainees was "inadequate" in light of the high court's order.
The attorneys wrote that the notice provided was in English, "even though putative class members largely speak only Spanish," and that it "did not inform" the individuals about how to contest their designation and removal under the AEA, or provide a timeline on how to do so.
Lora Ries, Director of the Border Security and Immigration Center at the Heritage Foundation, told Fox News Digital that she expects these deportation cases to "bounce up and down the court system" as litigants work within the confines the Supreme Court specified in its April 7 opinion. (John Moore/Getty Images)
Aronberg noted that due process procedures may vary across the district courts as they juggle the various lawsuits. However, both he and Ries said the issue will likely end up in the high court's hands once again.
"It is possible that some courts require notice to be in writing and in the native language of the deportee, whereas others could possibly accept less stringent notice requirements," Aronberg said. "Ultimately, it will lead back to the Supreme Court to dictate what is required."
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Ries also said that proceedings will differ in non-AEA cases, saying individuals sought to be removed in those contexts would undergo different types of removals.
"Immigration proceedings are civil proceedings. So you are not innocent until proven guilty," Reis said. "It doesn't apply here. You don't have a right to a public defender. You can have a deportation immigration attorney, but you, the taxpayer, is not paying for it like a public defender."
Fox News' Shannon Bream, Bill Mears and Breanne Deppisch contributed to this report.
Haley Chi-Sing is a politics writer for Fox News Digital. You can reach her at @haleychising on X.
https://www.foxnews.com/politics/what-does-due-process-look-like-trumps-deportation-suits