On Saturday, the federal judge ordered the Trump administration to stop using the vague law of the Venezuelans deportation without hearing and said that any aircraft that left the United States with immigrants by law must be returned.
Previously, on the day of administration published an executive order referring to the law, Act of alien enemies from 1798focus on members of the Venezuelan gang in the United States.
Shortly after the announcement, however, James E. Boasberg, a federal judge in Washington, said he would issue a temporary order blocking the government in deportation of any immigrants by law.
In a hastily scheduled hearing, he said he did not believe that the law had offered the reasons for the President’s action, and ordered any flights that left with Venezuelan immigrants under the command to return to the United States.
“That’s something you have to make sure it is fulfilled immediately,” he ordered the government.
Lee Gelernt, a lawyer of the US Civil Freedom Union who sued the executive order, said in an interview after hearing that they believe that two years were “in the air” on Saturday evening.
During the hearing of Judge Boasberg, he said he had ordered the government to turn flights around “information that the government did not interfere that flights were actively leaving”.
A lawyer representing the Government, Drew Ensign, told the judge that he did not have much details to be shared and that the description of the operational data would cause “national security problems”.
After hearing, the government filed an appeal. In a statement late On Saturday, the Prosecutor General Pam Bondi said that the judge had issued “terrorists to the security of Americans” and threatened the “public and enforcement of law”.
“The Ministry of Justice is minors in its efforts to cooperate with the White House, the Ministry of Internal Security and all our partners to stop this invasion and re -ensure America is safe,” she added.
The President’s order, dated Friday, declares that Venezuela, who is at least 14 years old, in the United States without permission and part of the gang Tren de Aragua are “prone to be detained, limited, secured and removed”.
The Law on Extraterrestrial Law Allows summary deportations People from countries in the war with the United States. The law, best known for its role in the internment of Japanese Americans during World War II, was triggered in American history three times – during the war in 1812, the First World War and World War II – World War – According to the Brennan Center for JusticeOrganization of law and politics.
Hours before the White House published its statement, the US Union for Civil Freedom filed a lawsuit on behalf of five Venezuelan men trying to block the President before proving the law. All five men were accused of having links to Tren de Aragua, but they deny they are in the gang, said Mr. Gelern. One of the men was arrested, the action said, because the immigration official “erroneously” believed he was a member of Tren de Aragua for his tattoos.
Judge Boasberg initially issued a limited order on Saturday, which blocked the government in the deportation of five men.
Trump’s administration immediately filed an appeal on the order and asked the judge to expand his order to apply for all immigrants at the risk of deportation under the Law on Extraterrestrial Laws. At the hearing on Saturday evening, Judge Boasberg said he would issue a wider order that applies to all “non -citizens in the US”.
In court proceedings, lawyers for the US Civil Freedom Union have written that the Venezuelaans believe they are facing the immediate risk of deportation. “Government statements would allow agents to immediately give non -citizers on aircraft,” the court said, adding that the law “apparently applies only to war deeds” and “cannot be used against the country’s nationals – Venezuela – with which the United States is not in war.”
The judge agreed that he believed that the concepts of “invasion” and “predatory intrusion” “indeed related to enemy deeds committed by hostile nations”.
The White House and the Ministry of Internal Security, which operates the immigration system of the nation and has been appointed in court proceedings, did not respond immediately to the request for commentary.
Noah Feldman, a professor of constitutional law in Harvard, said that the fate of a case that could eventually end in the Supreme Court would depend on “how much respect the courts pay the president’s determination to be at risk”. Judges would have to have this determination “without much precedense”, added Professor Feldman.
President Trump, who led the campaign last year for the promise of the opening The greatest operation of deportation in American historyHe often referred to the arrivals of unauthorized immigrants as “invasion”. One of the first Executive orders He released after returning to the White House called “Protection of the US people from invasion”.
It seemed that his announcement evoking the law on extraterrestrial hostile laws is closely focused on Tren de Aragua Gang that appeared From the Venezuelan prison and grew into a criminal organization aimed at trading in sex, drug trafficking and smuggling people.
However, if the interpretation of the law of Trump’s administration is eventually observed, it could seize the administration to remove other immigrants aged 14 or more without court proceedings. This would allow an extraordinary step of arrest, retention and deportation of minors without a proper process provided by immigrants for decades.
Skye Perryman, President of Democracy Forward, a legal group that joined ACLA in the presentation of the Executive Code call, stated in the statement that Saturday was “a terrible day in the history of the nation when the President published that he was trying to provoke extraordinary war powers in the absence of war or invasion.”
Zolan kanno-youngs and Glenn thrush The report contributed.
