Latest news with #Haines'
Hans India
14-05-2025
- Politics
- Hans India
Federal Judge Permits Deportation of Venezuelans Under Alien Enemies Act
In a significant legal development, U.S. District Judge Stephanie Haines has ruled that the Trump administration may utilize the 1798 Alien Enemies Act to expedite the deportation of Venezuelan nationals accused of affiliation with the criminal gang Tren de Aragua. This decision marks the first judicial endorsement of applying the historic wartime statute for peacetime immigration enforcement. The Alien Enemies Act, enacted during President John Adams' administration, grants the U.S. president authority to detain and deport nationals from countries with which the United States is at war. The Trump administration invoked this law in early 2025, designating Tren de Aragua as a foreign terrorist organization and asserting that its members pose a national security threat. Judge Haines' ruling specifically applies to Venezuelan non-naturalized and non-permanent residents aged 14 and older identified as gang members. While she affirmed the administration's authority under the Alien Enemies Act, Judge Haines emphasized the necessity of due process protections. She mandated that individuals facing deportation receive a minimum 21-day notice period, access to translation services, and the opportunity to contest their removal. This decision contrasts with previous rulings from federal judges in New York, Colorado, and Texas, who opposed the administration's interpretation of the law. Civil liberties organizations, including the American Civil Liberties Union (ACLU), have expressed concerns over the potential for expedited deportations without adequate legal safeguards. ACLU attorney Lee Gelernt announced plans to appeal Judge Haines' decision, citing ongoing due process violations. The ruling also raises questions about the administration's practices of conducting rapid deportations, sometimes within hours of designation. In one instance, a Venezuelan national was transferred to Texas Immigration and Customs Enforcement (ICE) custody despite an existing restraining order, prompting further scrutiny. The Trump administration has previously deported alleged gang members to El Salvador, paying $6 million as part of its broader strict immigration policies. However, these actions have been met with criticism from human rights advocates, who argue that the lack of transparency and due process undermines fundamental legal protections. As the legal battle continues, the application of the Alien Enemies Act in this context remains a contentious issue, with implications for future immigration enforcement practices and the balance between national security and individual rights.
Yahoo
13-05-2025
- Politics
- Yahoo
Judge approves Trump's Alien Enemies Act proclamation in break from other courts
Judges around the country have been rejecting President Donald Trump's Alien Enemies Act invocation. But in the latest ruling on the subject, a judge approved Trump's bid to use the act to deport Venezuelan citizens who are members of Tren de Aragua — though she said the government must provide more notice under the act. U.S. District Judge Stephanie Haines, a Trump appointee in the Western District of Pennsylvania, wrote Tuesday that Trump's proclamation describes a 'predatory incursion' by Tren de Aragua, a group that, she emphasized, the government has deemed a 'Foreign Terrorist Organization.' She deferred to Trump's assertion that TdA acts at the direction of the Venezuelan government. The 1798 act was previously used only during declared wars. The text of the act says it's for '[w]henever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted or threatened against the territory of the United States by any foreign nation or government.' While there isn't a war, other judges — including another Trump appointee, in Texas — have rejected the argument that the president's proclamation satisfies the requirement of there being an invasion or predatory incursion. And a newly declassified government memo contradicts Trump's assertion that the Venezuelan government is directing TdA's actions. Earlier this month, that Texas judge, Fernando Rodriguez Jr., deemed Trump's invocation unlawful. He wrote that the terms 'invasion' or 'predatory incursion' are meant to refer to 'an organized, armed force entering the United States to engage in conduct destructive of property and human life in a specific geographical area.' Applying that context to Trump's proclamation, Rodriguez said that, even when crediting the president's description of TdA's activities, they don't trigger the act. None of these rulings affect the government's ability to remove people under the usual immigration authorities that have been routinely used outside of wartime. Importantly, Haines also said the government must provide more notice to those it wants to remove under the act. She said they need 21 days' notice and an opportunity to be heard, with notice in both English and Spanish, and interpreters when necessary. Haines' ruling only applies in her Pennsylvania district, which is also the case for the rulings going the other way in the Southern District of Texas, the Southern District of New York and Colorado. While the Supreme Court has handled preliminary litigation under the act, there isn't a nationwide standard because it hasn't decided the underlying legality of Trump's invocation. But Haines' ruling, which can be appealed to a federal appeals court, shows that judges can reach different conclusions on the subject, even if hers winds up being an outlier. That judges are coming to different conclusions raises the stakes for the high court's potential resolution of the issue. Subscribe to the Deadline: Legal Newsletter for expert analysis on the top legal stories of the week, including updates from the Supreme Court and developments in the Trump administration's legal cases. This article was originally published on
Yahoo
04-04-2025
- Yahoo
Police racism marred train track case, inquest told
The uncle of a teenager found dead on train tracks believes racism hindered the police investigation and recalls a senior officer saying "you never know what a 17-year-old Aboriginal boy would do". Don Craigie, whose nephew Mark Haines was found on the tracks outside Tamworth, NSW, 37 years ago, said police didn't take the family's suspicions about foul play seriously. Mr Haines' body was discovered on the tracks in the early morning of January 16, 1988, after a train passed over it. "That train would still be there if it was a white boy," Mr Craigie told an inquest re-examining Mr Haines' death in Sydney on Friday. "They would have turned that train over." The initial police investigation ruled Mr Haines lay on the tracks either deliberately or in a dazed state after a car crash. A stolen white Torana was found near the rail line with the windscreen smashed on the ground, leading police to believe it had rolled. Mr Haines' family and many friends have long maintained the teenager would never have driven or been a passenger in a stolen car. They also believed he was not alone when he died and have pursued rumours about Tamworth locals either being involved or knowing more about his death. Mr Craigie told the inquest police didn't pursue all the information he gave them. A senior officer, Chief Superintendent Alan Donnelly, openly dismissed him when they saw each other in a Tamworth betting shop, Mr Craigie said. "He said to me 'Don, you never know what a 17-year-old boy would do, you never know what a 17-year-old Aboriginal boy would do'," he said. Chief Supt Donnelly died in 2023. Matthew Varley, the barrister representing NSW Police, asked Mr Craigie whether that sentiment was something the force should denounce. "It's not for me to form that opinion whether they should denounce it or not, that's for them," Mr Craigie replied. Mr Varley showed Mr Craigie a series of newspaper articles in which investigators appealed for more information in the years after Mr Haines' death. Police also interviewed several people over the following decade, pursuing leads Mr Craigie gave them, according to statements and affidavits before the NSW Coroners Court. But Mr Craigie insisted police did not adequately follow up his investigations and have treated deaths of non-Indigenous people very differently. "I've seen a few deaths around Tamworth and they've pulled out all the stops," Mr Craigie said. "And then there was others they did not pay too much attention to." Mr Craigie said: "We want to know how our boy died." The inquest, which opened in April 2024, was due to conclude on Friday, but further hearings have been scheduled before Deputy State Coroner Harriet Grahame.
The Guardian
31-03-2025
- The Guardian
Mark Haines coronial inquiry: best friend tells court he has ‘no idea' what caused teenager's death
The best friend of an Aboriginal teenager whose body was found on the railway outside Tamworth in 1988 has told a court he has 'no idea' what happened to his mate. Glenn Mannion was asked to address relatives of Mark Haines at a coronial inquest in Sydney on Monday into the 17-year-old's death. 'I have no idea what happened to Mark or how he ended up out there,' he said. '100%, absolutely, [I] was not there.' A second inquest began last year, retracing the events surrounding Haines' mysterious death after an ABC investigation unearthed new evidence and led to police reopening the cold case in 2018. Sign up for Guardian Australia's breaking news email The Gomeroi teenager was found on the train tracks with a makeshift pillow under his head, about one kilometre from a crashed Holden Torana. The initial police investigation found Haines was responsible for his own death, and a subsequent coronial inquest returned an open finding. The court has heard the teenager was partying with friends the night before his body was found, leaving a local nightclub with his girlfriend around 2am and parting ways near her home soon after. No witnesses have given direct evidence about Haines' movements between then and when he was found on the railway at about 6am. The court also heard from Mannion's ex-girlfriend, who alleged he had drunkenly told her he was involved in Haines' death. Questioned about the allegations on Monday, Mannion said he 'had no such conversation'. He told the coroner he said goodbye to Haines at the nightclub before catching a cab home, learning about the death of his 'best friend' later via a phone call. When asked how he felt in that moment, he replied: 'I can't recall. I imagine I would've been pretty upset.' The court heard Mannion applied to join the army about a fortnight after Haines died and left town a few months later. Jalal Razi, the barrister acting for Haines' uncle, Don Craigie, asked whether his decision to leave Tamworth 'might give the impression to the family that you were trying to run away?' Sign up to Breaking News Australia Get the most important news as it breaks after newsletter promotion Mannion replied: 'If that's what they believe, that's what they believe.' Razi also questioned Mannion about his lack of communication with Haines' family after the death and accused him of giving 'fairly short' responses to the court. 'Your answers have given the impression that you have not really wanted to volunteer much information. What do you say to that?' asked Razi. 'I've answered the questions as truthfully as I can,' Mannion replied. The witness told the court he suffered PTSD from his time in the army, which affected his memory. The inquest continues. For information and support in Australia call 13YARN on 13 92 76 for a crisis support line for Indigenous Australians; or call Lifeline on 13 11 14, Mensline on 1300 789 978 and Beyond Blue on 1300 22 4636
