The judge said the U.S. government could “act maliciously” because he weighed his contempt for the expulsion order
WASHINGTON (AP) — A federal judge said Thursday that the Trump administration could then prevent Venezuelan immigrants from the country by trying to drive them out of El Salvador.
U.S. District Judge James “Jeb” Boasberg in Washington urged the Justice Department attorney to explain the government’s actions at a high-risk court hearing to determine whether the government has ignored whether his orders have reversed the transfer of deported aircraft to El Salvador.
The judge said he could make a decision next week on whether there was anyone who conscientiously violated the court’s order.
The case became a flash point in the battle between the judiciary and the Trump administration, which grew in the White House frustration in court, preventing a key part of the president’s comprehensive agenda. Trump calls on the judge’s impeachment, while the Justice Department argues that the judge has surpassed his powers.
Boasberg ordered the government last month not to expel anyone under the Foreign Enemy Act, a wartime law of 1798 Trump, who claimed he claimed to be an invasion of Gang Tren de Aragua, Venezuela. The judge also ordered that any planes immigrants from Venezuela would return to the United States. That didn’t happen.
Boasberg, appointed federal judge by Democratic President Barack Obama, said it appears the administration is trying to bring the deported people out of the country as soon as possible before the court steps in.
“If you really believe that anything you did that day would survive a court challenge, I can’t believe you’re going to operate the way you do it,” Boasberg said.
The Justice Department said the administration did not violate the judge’s order, deeming the order not applicable to aircraft that arrived in U.S. airspace under his command. The Justice Department pointed out that the judge’s written order did not state the flights that had already left the United States and the judge had no right to force the president to return to the plane.
The Trump administration declined to answer a judge’s question about when the plane landed and who was on board, believing they were seen as “state secrets.”
Deputy Assistant Attorney General Drew Ensign told the judge that details about the flight could be diplomatic sensitive because immigrants were sent to a third country that agreed to detain them in prison with the United States. Ensign also repeatedly said he did not know any “operational details” of the deportation flight on March 15.
“This is the case where I don’t know about the client,” he answered when asked when he knew the plane was in the air or was about to take off at the court hearing that day.
The Trump administration urged the Supreme Court to allow the deportation of Venezuelan immigrants to El Salvador under the rarely used Foreign Enemy Act. The Justice Department said federal courts should not interfere in sensitive diplomatic negotiations. It also claims that immigrants should file lawsuits in federal court in Texas, where they are detained.
