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Supreme Court rebukes Texas judges, backs hearing before deportation for detained Venezuelans

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Supreme Court rebukes Texas judges, backs hearing before deportation for detained Venezuelans

The Supreme Court on Friday told conservative judges in Texas they must offer a hearing to detained Venezuelans whom the Trump administration wants to send to a prison in El Salvador.

The justices, over two dissents, rebuked Texas judges and Trump administration lawyers for moving quickly on a weekend in mid-April to put these men on planes.

That led to a post-midnight order from the high court that told the administration it may “not remove any member of the putative class of detainees.” The administration had argued it had the authority to deport the men as “alien enemies” under a wartime law adopted in 1798.

On Friday, the court issued an unusual eight-page order to explain their earlier decision. In doing so, the justices faulted a federal judge in Lubbock, Texas, and the 5th U.S. Circuit Court of Appeals for taking no action to protect the due process rights of the detained men.

The ruling noted that the government “may remove the named plaintiffs or putative class members under other lawful authorities.”

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The order carries a clear message that the justices are troubled by the Trump administration’s pressure to fast-track deportations and by the unwillingness of some judges to protect the rights to due process of law.

After the ruling was issued, President Trump wrote on Truth Social on Friday: “THE SUPREME COURT WON’T ALLOW US TO GET CRIMINALS OUT OF OUR COUNTRY.” He added in a second post: “This decision will let more CRIMINALS pour into our Country, doing great harm to our cherished American public.”

Lee Gelernt, deputy director of the ACLU’s Immigrants’ Rights Project and lead counsel, said in a statement: “The court’s decision to stay removals is a powerful rebuke to the government’s attempt to hurry people away to a Gulag-type prison in El Salvador. The use of a wartime authority during peacetime, without even affording due process, raises issues of profound importance.”

On a Saturday in mid-March, Trump’s immigration officials sent three planeloads of detainees from Texas to the maximum-security prison in El Salvador before a federal judge in Washington could intervene. The prisoners included Kilmar Abrego Garcia, a Maryland man who had an immigration order that was supposed to protect him from being sent back to his native El Salvador.

Afterward, Trump officials said the detained men, including Abrego Garcia, could not be returned to this country. They did so even though the Supreme Court had said they had a duty to “facilitate” Abrego Garcia’s return.

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The same scenario was nearly repeated in mid-April, but from a different prison in Texas.

ACLU lawyers rushed to file an emergency appeal with U.S. District Judge James Hendrix. They said some of the detained men were on buses headed for the airport. They argued they deserved a hearing because many of them said they were not members of a crime gang.

The judge denied the appeals for all but two of the detained men.

The 5th Circuit upheld the judge’s lack of action and blamed the detainees, saying they gave the judge “only 42 minutes to act.”

The Supreme Court disagreed with both on Friday and overturned a decision of the 5th Circuit.

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“A district court’s inaction in the face of extreme urgency and a high risk of ‘serious, perhaps irreparable’ consequences” left the detained men with no options, the court said. “Here, the district court’s inaction — not for 42 minutes but for 14 hours and 28 minutes — had the practical effect of refusing an injunction to detainees facing an imminent threat of severe, irreparable harm,” the justices wrote.

“The 5th Amendment entitles aliens to due process of law in the context of removal proceedings. Procedural due process rules are meant to protect” against “the mistaken or unjustified deprivation of life, liberty, or property,” the majority said. “We have long held that no person shall be removed from the United States without opportunity, at some time, to be heard.”

Justices Samuel A. Alito Jr. and Clarence Thomas dissented last month, and they did the same on Friday.

Friday’s ruling doesn’t affect the status of the men who were already sent to El Salvador.

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Video: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

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Video: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

new video loaded: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says

On the fifth day of the war in Iran, Defense Secretary Pete Hegseth said that the U.S. military operation was intensifying and that more warplanes were arriving in the region.

By Christina Kelso

March 4, 2026

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US submarine sinks Iranian warship by torpedo in a first since World War II

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US submarine sinks Iranian warship by torpedo in a first since World War II

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A U.S. submarine sank a prized Iranian warship by torpedo, the first such sinking of an enemy ship since World War II, Secretary of War Pete Hegseth said Wednesday morning.

Hegseth joined Chairman of the Joint Chiefs of Staff Gen. Dan Caine at the Pentagon to provide an update to reporters on “Operation Epic Fury” in Iran.

“An American submarine sunk an Iranian warship that thought it was safe in international waters,” Hegseth said. “Instead, it was sunk by a torpedo. Quiet death. The first sinking of an enemy ship by a torpedo since World War Two. Like in that war, back when we were still the War Department. We are fighting to win.”

Caine said that an Iranian vessel was “effectively neutralized” in a Navy “fast attack” using a single Mark 48 torpedo. He added that the U.S. Navy achieved “immediate effect, sending the warship to the bottom of the sea.”

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WATCH HEGSETH’S ANNOUNCEMENT:

Hegseth said that the U.S. Navy sank the Iranian warship, the Soleimani. The flagship was named for Qasem Soleimani, an Iranian military officer who served in the Islamic Revolutionary Guard Corps who the U.S. killed in a January 2020 drone strike during President Donald Trump’s first term.

“The Iranian Navy rests at the bottom of the Persian Gulf. Combat ineffective, decimated, destroyed, defeated. Pick your adjective,” Hegseth said. “In fact, last night we sunk their prize ship, the Soleimani. Looks like POTUS got him twice. Their navy, not a factor. Pick your adjective. It is no more.”

This map shows U.S. and Israeli strikes against Iranian naval forces as of March 1. (Fox News)

Hegseth also told reporters at the briefing that the U.S. and Israel will soon achieve “complete control” over Iranian airspace after Iran’s missile capabilities were drastically diminished in the four days of fighting.

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US ‘WINNING DECISIVELY’ AGAINST IRAN, WILL ACHIEVE ‘COMPLETE CONTROL’ OF AIRSPACE WITHIN DAYS, HEGSETH SAYS

“More bombers and more fighters are arriving just today and now, with complete control of the skies, we will be using 500 pound, one thousand pound and 2,000 pound laser-guided precision gravity bombs, of which we have a nearly unlimited stockpile,” he said.

The war has killed more than 1,000 people in Iran and dozens in Lebanon, while U.S. officials said six American troops were killed in a fatal drone strike in Kuwait.

Thousands of travelers have been left stranded across the Middle East.

This map shows security and travel updates for Americans regarding countries in the Middle East region. (Fox News)

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Caine told reporters that the U.S. military is helping thousands of Americans stranded in the Middle East after the U.S. State Department urged citizens to leave more than a dozen countries.

Fox News Digital’s Ashley Carnahan contributed to this report.

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Sen. Padilla preps for Trump trying to seize control of elections via emergency order

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Sen. Padilla preps for Trump trying to seize control of elections via emergency order

Sen. Alex Padilla (D-Calif.) is preparing for President Trump to declare a national emergency in order to seize control of this year’s midterm elections from the states, including by bracing his Senate colleagues for a vote in which they would be forced to either co-sign on the power grab or resist it.

In the wake of reporting last week that conservative activists with connections to the White House were circulating such an order, Padilla sent a letter to his Senate colleagues Friday stating that any such order would be “wildly illegal and unconstitutional,” and would no doubt face “extremely strict scrutiny” in the courts.

“Nevertheless, if the President does escalate his unprecedented assault on our democracy by declaring an election-related emergency, I will swiftly introduce a privileged resolution [and] force a vote in the Senate to terminate the fake emergency,” wrote Padilla, the ranking Democrat on the Senate Committee on Rules and Administration.

Padilla wrote that such an order — which could possibly “include banning mail-in voting, eliminating major voting registration methods, voter purges, and/or new document barriers for registering to vote and voting” — would clearly go beyond Trump’s authority.

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“Put simply, no President has the power under the Constitution or any law to take over elections, and no declaration or order can create one out of thin air,” Padilla wrote.

The same day Padilla sent his letter, Trump was asked whether he was considering declaring a national emergency around the midterms. “Who told you that?” he asked — before saying he was not considering such an order.

The White House referred The Times to that exchange when asked Tuesday for comment on Padilla’s letter.

If Trump did declare such an emergency, a “privileged resolution,” as Padilla proposed, would require the full Senate to vote on the record on whether or not to terminate it — forcing any Senate allies of the president to own the policy politically, along with him.

Experts say there is no evidence that U.S. elections are significantly affected or swung by widespread fraud or foreign interference, despite robust efforts by Trump and his allies for years to find it.

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Nonetheless, Trump has been emphatic that such fraud is occurring, particularly in blue states such as California that allow for mail-in ballots and do not have strict voter ID laws. He and others in his administration have asserted, again without evidence, that large numbers of noncitizen residents are casting votes and that others are “harvesting” ballots out of the mail and filling them out in bulk.

Soon after taking office, Trump issued an executive order purporting to require voters to show proof of U.S. citizenship before registering and barring the counting of mail-in ballots received after election day, but it was largely blocked by the courts.

Trump’s loyalist Justice Department sued red and blue states across the country for their full voter rolls, but those efforts also have largely been blocked, including in California. The FBI also raided an elections office in Georgia that has been the focus of Trump’s baseless claims that the 2020 presidential election was stolen from him.

Trump is also pushing for the passage of the SAVE Act, a voter ID bill passed by the House, but it has stalled in the Senate.

In recent weeks, Trump has expressed frustration that his demands around voting security have not translated into changes in blue state policies ahead of the upcoming midterm elections, where his shrinking approval could translate into major gains for Democrats.

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Last month, Trump wrote on his Truth Social platform, “I have searched the depths of Legal Arguments not yet articulated or vetted on this subject, and will be presenting an irrefutable one in the very near future. There will be Voter I.D. for the Midterm Elections, whether approved by Congress or not!”

Then, last week, the Washington Post reported that a draft executive order being circulated by activists with ties to Trump suggests that unproven claims of Chinese interference in the 2020 election could be used as a pretext to declare an elections emergency granting Trump sweeping authority to unilaterally institute the changes he wants to see in state-run elections.

Election experts said the Constitution is clear that states control and run elections, not with the executive branch.

Democrats have widely denounced any federal takeover of elections by Trump. And some Republicans have expressed similar concerns, including Sen. Mitch McConnell (R-Ky.), who chairs the Senate rules committee.

In the Wall Street Journal last year, McConnell warned against Trump or any Republican president asserting sweeping authority to control elections, in part because Democrats would then be empowered to claim similar authority if and when they retake power.

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McConnell’s office referred The Times to that Journal opinion piece when asked about the circulating emergency order and Padilla’s resolution.

Padilla’s office said his resolution would be introduced in response to an emergency declaration by Trump, but hoped it wouldn’t be necessary.

“Instead of trying to evade accountability at the ballot box,” Padilla wrote, “the President should focus on the needs of Americans struggling to pay for groceries, health care, housing and other everyday needs and put these illegal and unconstitutional election orders in the trash can where they belong.”

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