Latest news with #Aronberg
Yahoo
25-04-2025
- Politics
- Yahoo
Migrant lawyers claim Trump is deporting without 'due process,' but what does that mean?
Lawyers for Venezuelan men facing deportation told the Supreme Court on Monday that the Trump administration is defying its order by failing to give proper notice, violating their due process rights under the Constitution. The Supreme Court issued a ruling in a separate case on April 7, allowing the Trump administration to continue its deportations under the 1798 Alien Enemies Act (AEA), proving a significant victory for President Donald Trump's immigration agenda. The justices noted that the deportations could continue so long as the AEA detainees received proper notice. "More specifically, in this context, AEA detainees must receive notice after the date of this order that they are subject to removal under the Act," the opinion reads. "The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs." Due process is a constitutional principle that ensures fairness in legal and administrative proceedings, which includes giving proper notice and an opportunity to be heard in a timely manner by an impartial tribunal. The Supreme Court pointed to Reno v. Flores, a 1993 Supreme Court case, in writing, '"It is well established that the Fifth Amendment entitles aliens to due process of law' in the context of removal proceedings." Gorsuch, Roberts Side With Left-leaning Supreme Court Justices In Immigration Ruling "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. Read On The Fox News App 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. Two Federal Judges May Hold Trump In Contempt As He Defies Courts In Immigration Crackdown 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. They argued the notice provided "comes nowhere near satisfying the Court's directive" issued on April 7. "Whatever due process may require in this context, it does not allow removing a person to a possible life sentence without trial, in a prison known for torture and other abuse, a mere 24 hours after providing an English-only notice form (not provided to any attorney) that gives no information about the person's right to seek judicial review, much less the process or timeline for doing so," the filing reads. Detained Migrants Given As Few As 12 Hours To Contest Deportation Under Alien Enemies Act, Ice Document Says "The government cannot plausibly claim that 12 hours is sufficient notice, which could be the reason they tried to keep it from the public and other courts addressing the notice issue, including the U.S. Supreme Court," ACLU attorney Lee Gelernt, lead counsel in the case, told Fox News Digital in a statement. 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. "For now, the Supreme Court is relying on, if there's going to be a habeas suit, it's going to be in the U.S. District Court and then that judge is going to have to rule," Ries explained. "And I'm sure there will be appeals and some or all of it may end up back at the Supreme Court." 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." 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," Ries 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. Original article source: Migrant lawyers claim Trump is deporting without 'due process,' but what does that mean?


Fox News
25-04-2025
- Politics
- Fox News
Migrant lawyers claim Trump is deporting without 'due process,' but what does that mean?
Lawyers for Venezuelan men facing deportation told the Supreme Court on Monday that the Trump administration is defying its order by failing to give proper notice, violating their due process rights under the Constitution. The Supreme Court issued a ruling in a separate case on April 7, allowing the Trump administration to continue its deportations under the 1798 Alien Enemies Act (AEA), proving a significant victory for President Donald Trump's immigration agenda. The justices noted that the deportations could continue so long as the AEA detainees received proper notice. "More specifically, in this context, AEA detainees must receive notice after the date of this order that they are subject to removal under the Act," the opinion reads. "The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs." Due process is a constitutional principle that ensures fairness in legal and administrative proceedings, which includes giving proper notice and an opportunity to be heard in a timely manner by an impartial tribunal. The Supreme Court pointed to Reno v. Flores, a 1993 Supreme Court case, in writing, '"It is well established that the Fifth Amendment entitles aliens to due process of law' in the context of removal proceedings." "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. 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. They argued the notice provided "comes nowhere near satisfying the Court's directive" issued on April 7. "Whatever due process may require in this context, it does not allow removing a person to a possible life sentence without trial, in a prison known for torture and other abuse, a mere 24 hours after providing an English-only notice form (not provided to any attorney) that gives no information about the person's right to seek judicial review, much less the process or timeline for doing so," the filing reads. "The government cannot plausibly claim that 12 hours is sufficient notice, which could be the reason they tried to keep it from the public and other courts addressing the notice issue, including the U.S. Supreme Court," ACLU attorney Lee Gelernt, lead counsel in the case, told Fox News Digital in a statement. 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. "For now, the Supreme Court is relying on, if there's going to be a habeas suit, it's going to be in the U.S. District Court and then that judge is going to have to rule," Ries explained. "And I'm sure there will be appeals and some or all of it may end up back at the Supreme Court." 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." 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."
Yahoo
03-03-2025
- Health
- Yahoo
46% drop in opioid overdose deaths in Palm Beach County in 2024, medical examiner reports
BOCA RATON — Describing it as one of the most significant year-to-year drops Florida has seen, state and local officials announced a 46% drop in opioid overdose deaths in Palm Beach County last year compared to in 2023. The county reported 224 confirmed opioid deaths in 2024, compared to 414 in 2023, according to statistics from the Palm Beach County Medical Examiner's Office. The office has not released a final total for 2024, as 13 cases from November and December are still under review. But officials hosting a forum on the opioid epidemic Tuesday at Florida Atlantic University said the reported decline shows signs of progress. "This is a historic drop in deaths," said Andrae Bailey, founder and CEO of the Orlando-based organization, Project Opioid, which hosted the forum. "It means that what the community is doing here is working. I think what's clear is the distribution of naloxone, along with community partners offering treatment for people who are struggling, it's working." The Florida Shuffle: State's failure to oversee addiction treatment leaves patients in deadly danger Former Palm Beach County commissioner Melissa McKinlay and former State Attorney Dave Aronberg were among those who spoke during the forum, discussing the county's efforts to stem the opioid crisis. Aronberg, who ended his tenure as state attorney in January after serving three terms, reflected on his time in the office, including the formation of the county's Sober Homes Task Force nearly a decade ago to combat unscrupulous treatment facilities. "We were able to make the progress we have accomplished by shutting the pill mills, passing state laws," he said. "By shutting down the drug treatment centers that were rogue. By shutting down the sober homes that were unscrupulous." Aronberg said the number of emergency calls to Palm Beach County Fire Rescue for suspected overdoses has significantly declined since the task force was formed in 2016. From the courts: Sober home owner's 'lies' earn new trial for doctor accused of millions in insurance fraud When asked what solutions he would propose to fight the opioid crisis growing forward, Aronberg stressed the need for reforms at the federal level, in particular changes to the reimbursement model for treatment providers under the Affordable Care Act. "I would change the Affordable Care Act from an old school fee-per-service reimbursement model, where the more services you provide, the more money you get paid, and I would change it to what have now for everything else within our health care system that Medicare pays for," he said. "We have outcome-based reimbursement so the better hospitals with better results get paid more. … We've got to create some sort of mechanism to reward the good providers and punish the bad ones." McKinlay said the decline in opioid deaths is encouraging, but stressed that the county and state continue to face challenges as newer illicit drugs become available. She noted a significant jump in overdose deaths in the county nearly a decade ago. According to federal Centers for Disease Control & Prevention statistics dating to 2013, drug overdose deaths in Palm Beach County rose from 335 cases in 2015 to a peak of 636 cases in 2017. "I'm not going to forget that graph that at one point showed that number in the low 300s, and what it did two years later, almost 650 people who lost their lives," McKinlay said. "The drug dealers will find a new drug. That drug will be resistant to Narcan. We need to make sure that we have resources in place so we never see that 600-plus number again. " Bailey said that while the number of overdose deaths has declined, drug overdoses in general have increased, a trend seen statewide. "People are still struggling with drugs and alcohol at a historic rate," he said. "The mental health crisis is driving that. On one hand, we have to applaud the reduction in deaths. On the other hand, we have to realize that people are still struggling with drugs more than ever." Julius Whigham II is a criminal justice and public safety reporter for The Palm Beach Post. You can reach him at jwhigham@ and follow him on Twitter at @JuliusWhigham. Help support our work: Subscribe today. This article originally appeared on Palm Beach Post: Opioid overdose deaths down sharply in Palm Beach County during 2024