A U.S. federal judge has upheld a temporary order blocking the deportation of Venezuelan migrants under wartime powers invoked by President Trump. The judge determined that deportees can contest their gang affiliations. This ruling occurs as the Trump administration seeks to overturn it, amidst significant controversy and appeals from human rights advocates regarding the legality of the deportations.

A United States federal judge has declined to lift a temporary restraining order that prevents the deportation of Venezuelan migrants following President Donald Trump’s application of wartime powers. On March 15, Trump deported 238 alleged members of Venezuelan gangs to a detention facility in El Salvador, leveraging the 1798 Alien Enemies Act, which has not been utilized since World War II.

Judge James Boasberg determined that many deported individuals contest their alleged gang connections and therefore must be permitted to contest their removal. This ruling precedes an appeals court hearing, where the Trump administration aims to overturn the judge’s March 15 order.

President Trump asserted that members of the Tren de Aragua gang were participating in “irregular warfare” against the United States, providing justification for the deportations under the Alien Enemies Act. Judge Boasberg subsequently imposed a 14-day suspension of deportations under this proclamation, instructing the administration to reverse flights, although officials claimed it was too late as planes were already airborne.

The administration maintains that those deported were “carefully vetted” gang members; however, families of the deportees dispute this assertion, and U.S. officials have recognized that several of the individuals do not possess any criminal records in the United States. Judge Boasberg commented, “Because the named Plaintiffs dispute that they are members of Tren de Aragua, they may not be deported until a court has been able to decide the merits of their challenge.”

The Trump administration retains the option of deporting Venezuelans through conventional immigration procedures. An appeal against the restraining order has been submitted to the DC Circuit Court of Appeals, with the administration not only seeking to rescind the ban but also requesting the judge’s removal from the case. Tensions have escalated between the White House and Judge Boasberg, who criticized the tone of government lawyers during proceedings. “I will get to the bottom of whether they violated my order, who ordered this, and what the consequences will be,” Boasberg stated during a hearing.

President Trump has branded Boasberg a “constitutional disaster” who is indifferent to the presence of criminals in the nation. The Alien Enemies Act endows the president with extensive authority to execute rapid deportations of citizens from “enemy” countries. Human rights groups have condemned the deportations as illegal, citing that the U.S. is not actively engaged in warfare. Trump’s Attorney General Pam Bondi defended their actions by asserting the situation constituted “modern-day warfare,” committing to the protection of American citizens.

Venezuela’s interior minister, Diosdado Cabello, remarked that none of the deportees were affiliated with criminal gangs, a sentiment echoed by some relatives of those deported to El Salvador.

In summary, a federal judge has upheld a restraining order preventing the deportation of Venezuelan migrants, underscoring the right to challenge claims of gang affiliation. This ruling surfaces amidst the administration’s appeal to overturn the order, amidst ongoing tensions and accusations of improper conduct. The deportations, justified under wartime powers invoked by President Trump, have faced significant backlash from human rights advocates, who deem them illegal given the absence of an active conflict. The situation highlights critical questions regarding immigration practices and legal processes.

Original Source: www.bbc.co.uk

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