While a court fight is raging, the Trump administration has requested that the Supreme Court grant permission for Venezuelan migrants to return to El Salvador in response to a law from the 18th century that prohibited their deportation.
While Trump’s invocation of the Alien Enemies Act to justify the deportations is being litigated, the Department of Justice requested in a filing that US District Judge James Boasberg’s March 15 order, which was issued in Washington, DC, temporarily halt the removals of the Venezuelans, be overturned. The law from the 18th century has historically only been used during conflicts.
The president or the judiciary decides how to conduct sensitive national security-related operations, according to the Justice Department’s filing on Friday. The department wrote that “the Constitution provides a clear answer: the President.” A different choice cannot be made by the republic.
In a presidential proclamation calling the Tren de Aragua gang an invading force, President Donald Trump invoked the Alien Enemies Act for the first time since World War II to justify the deportation of hundreds of people.
In the court filing, acting Solicitor General Sarah Harris wrote, “Here, the district court’s orders have rebuffed the President’s judgments regarding how to protect the Nation against foreign terrorist organizations and risk debilitating effects for delicate foreign negotiations.”
Flashpoint case
Five Venezuelan noncitizens who were being held in Texas were represented by lawyers from the American Civil Liberties Union shortly after the announcement was made public.
The ACLU’s response was set for Tuesday, according to the court.
In response to the White House’s and the federal courts’ growing tension, the case has turned into a flashpoint.
Trump’s administration has argued that the temporary ban violated the president’s authority to decide matters of national security.
Trump received a rebuke from US Chief Justice John Roberts on March 18 when he demanded that Congress impeach Boasberg, which would have allowed him to leave the bench. Trump called Boasberg a “Radical Left Lunatic” and a “troublemaker and agitator,” according to Trump on social media. He was confirmed by the US Senate in 2011 with a bipartisan re-election in a 96-0 vote.
Following a contentious hearing that involved heated language, the DC Circuit upheld Boasberg’s order. Judge Patricia Millett told Justice Department attorney Drew Ensign that “Nazis received better treatment than this has happened here,” according to Judge Millett. We certainly disagree with the Nazi analogy, Ensign said.
Many of the deported Venezuelan migrants’ families dispute the alleged gang connections. According to one of the deportees’ lawyers, US officials incorrectly identified him as a gang member because of his tattoo of a crown in honor of his favorite team, Real Madrid. The Venezuelan professional football player and youth coach.
Without a hearing before an immigration or federal court judge, the Alien Enemies Act allows noncitizens to be deported under the law.
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