WASHINGTON (AP) — The Trump administration on Friday asked the Supreme Court for permission to resume deportations of Venezuelan migrants to El Salvador under an 18th century wartime law, while a court fight continues.
The emergency appeal to the high court follows a rejection of the Republican administration’s plea to the federal appeals court in Washington. By a 2-1 vote, a panel of appellate judges left in place an order temporarily prohibiting deportations of the migrants under the rarely used Alien Enemies Act
The Justice Department argued in court papers that federal courts shouldn’t interfere with sensitive diplomatic negotiations. It also claimed that migrants should make their case in a federal court in Texas, where they are being detained.
The order temporarily blocking the deportations was issued by U.S. District Judge James E. Boasberg, the chief judge at the federal courthouse in Washington.
President Donald Trump invoked the Alien Enemies Act for the first time since World War II to justify the deportation of hundreds of people under a presidential proclamation calling the Tren de Aragua gang an invading force.
[Continue reading below]“Here, the district court’s orders have rebuffed the President’s judgments as to how to protect the Nation against foreign terrorist organizations and risk debilitating effects for delicate foreign negotiations,” acting Solicitor General Sarah Harris wrote in the court filing.
The court set a Tuesday deadline for a response from the ACLU.
The case has become a flashpoint amid escalating tension between the White House and the federal courts.
Boasberg imposed a temporary halt on deportations and ordered planeloads of Venezuelan immigrants to return to the U.S. That did not happen. The judge has since vowed to determine whether the government defied his order to turn the planes around. The administration has invoked a “state secrets privilege” and refused to give Boasberg any additional information about the deportations.
Trump and his allies have called for impeaching Boasberg. In a rare statement, Chief Justice John Roberts said “impeachment is not an appropriate response to disagreement concerning a judicial decision.”
The Alien Enemies Act allows noncitizens to be deported without the opportunity for a hearing before an immigration or federal court judge.
Boasberg ruled that immigrants facing deportation must get an opportunity to challenge their designations as alleged gang members. His ruling said there is “a strong public interest in preventing the mistaken deportation of people based on categories they have no right to challenge.”
Disclaimer
The information contained in South Florida Reporter is for general information purposes only.
The South Florida Reporter assumes no responsibility for errors or omissions in the contents of the Service.
In no event shall the South Florida Reporter be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other tort, arising out of or in connection with the use of the Service or the contents of the Service. The Company reserves the right to make additions, deletions, or modifications to the contents of the Service at any time without prior notice.
The Company does not warrant that the Service is free of viruses or other harmful components
