The Trump administration continues to insist that it did not violate the federal judge’s order when it failed to reverse the prints of Venezuelan aircraft that immigrated to El Salvador.
U.S. District Court Judge James Boasberg is weighing whether the administration has violated the order and prevented the deportation of alleged gang members without due process. This is a flashpoint for rising tensions between the government and the federal courts.
In a 14-page document filed Tuesday night, the Justice Department has elucidated before Boasberg why it did not bypass two flights loaded with members of the Tren de Aragua gang, despite his words.
“These removals are both abiding by the law and protect Americans against members of foreign terrorist organizations. The government will continue to defend the removal before this court and, if necessary, challenge the two injunctions issued by the court on March 15,” the document was admitted. It was signed by Attorney General Pam Bondi and other senior Justice Department officials.
The government tried to divide the needle-punching directive about Boasberg, believing it did not “delete” any immigrants after he entered the order and “compliant with the court’s ban on two suspected two flights” because it did not formally delete anyone after Saturday 7:25 PM, although they did not order any revocation of the flight to return to the United States. ”
Boasberg asked Justice Department attorney Drew Ensign if he knew the verbal order to turn the plane around and if he understood the second lieutenant immediately. The lieutenant said he did it. However, in the application filed by the Court of Appeal, the Justice Department continued to argue that Boasberg’s order was unclear and not enough to be binding, claiming that it “failed to meet the requirement to issue a binding injunction” because Boasberg and Court did not state the reasons for their issuance.
“Legally, verbal orders are not enforceable is an injunction.”
Later filings from the Justice Department argued that once the flights were departing from our airspace, they were “military affairs” and that President Trump had the right to order military flights anywhere he wanted.
“DOJ cited state secret privilege”
Monday, the government Invoke state secret privileges and refuse to provide Boasberg with any other information about deportation.
Chief Justice Boasberg of Washington Federal District Court has already Ask for details Regarding when and whom the plane landed and joined, the government asserted that it would undermine “diplomacy and national security issues.”
Government lawyers also asked the Court of Appeal on Monday to lift Boasberg’s command And allowing deportation to continue, which seems to be the driving force behind the partitioning of the three judges panels.
Circuit Court Judge Patricia Millett Nazis are detained in the United States World 2nd World Processing Compared with Venezuelan Immigration Deported According to the same regulations, go to El Salvador this month.
Government Attorney Lieutenant Drew responded at a hearing in the U.S. District of Columbia Circuit Court of Appeals: “We certainly object to the Nazi analogy.”
Millett points out that during World War II, the Nazis were at Franklin D. Tren de Aragua Gang members were deported to El Salvador and detained in a maximum security prison with no chance to appear in court.
Millett is one of three appeal judges who will decide whether to cancel the March 15 order 1798 “Alien Enemy Law”. They didn’t rule on Monday’s bench.
Justin Walker, who also sat in the Court of Appeal, seemed open to the government’s argument that immigrants should challenge their detention in Texas rather than state capital. The third judge on the panel asked no questions.
Since World War II, the government has transferred hundreds of Venezuelan immigrants to El Salvador, invoking the Alien Enemy Act for the first time. Throughout American history, the law has been called only three times: during the 1812 War, World War I and World War II.
Also on Monday, lawyers representing the Venezuelan government filed a legal lawsuit against El Salvador, filed a legal lawsuit against 238 Venezuelans who were deported in the U.S. at the highest security prison.
The Alien Enemy Act allows deportation of non-citizens without going to immigration or federal court judges. Mr. Trump made a declaration calling Tren de Aragua Gang the invading force.
Ensign believes that Boasberg’s ruling is “an unprecedented enormous invasion of power over the executive branch.”
“The president must abide by the Constitution and the law like anyone else,” Millett was nominated in 2013 by Democratic President Barack Obama.
Justin Walker, whom Justin Walker nominated in 2020, seems more receptive to the government’s arguments based on his questioning. Walker noted that the government’s assertion that the plaintiff should file a lawsuit in Texas and be detained in Texas.
“You could have made the exact same complaint,” Walker told ACLU attorney Lee Gelernt.
“We don’t know if everyone is in Texas,” Gallent said.
Walker also urged plaintiff’s attorneys to invoke any previous case, in which case the judicial order prevents “national security actions with foreign influence” from surviving the appeal review.
Gelernt accused the government of trying to use the law to “short” immigration procedures. He added that the plaintiff’s attorneys were unable to challenge all deportations separately before taking off on March 15.
“It’s all done in secret,” Gelent said.
Judge Karen Lecraft Henderson, nominated by Republican President George HW Bush in 1990, was the third judge on the panel. She was a person who had any questions that lasted about two hours during the hearing.
Boasberg, also Obama’s nominee, ruled that immigrants facing deportation must have the opportunity to challenge their name as so-called gang members. He said, “There is a great interest in preventing deportees from being deported by mistake based on the categories they have no right to challenge.”
“The public also has a large stake in government compliance with the law,” the judge wrote.
Mr. Trump and his allies called for boasberg.
“Impotence is an appropriate response to the differences regarding judicial rulings,” Supreme Court Chief Justice John Roberts said in a rare statement.
After midnight on Monday, Mr. Trump posted a social media message asking about Boasberg’s impartiality and called on him to be turned away.
Jacob Rosen contributed to this report.
