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ARAGUA, ASIA, BO, BOASBERG, CIRCUIT COURT OF APPEALS, DONALD TRUMP, EL SALVADOR, JAMES BOASBERG, JUDICIAL SYSTEM, JUDICIARY, JUSTICE DEPARTMENT, LAW, NORTH AMERICA, PHILIPPINES, SUPREME COURT DECISION, SUPREME COURT RULING, TREN DE, TREN DE ARAGUA, TRUMP, UNITED STATES, US, WHITE HOUSE
Dante Raeburn
Federal Judge Upholds Deportation Ban for Venezuelan Migrants Under Wartime Powers
A U.S. federal judge has upheld a restraining order against the deportation of Venezuelan migrants ordered by President Trump under wartime powers. The ruling allows deportees to contest their gang affiliations, amid an appeal by the Trump administration. Critics argue the deportations are illegal, as the U.S. is not at war with Venezuela.
A United States federal judge has upheld a temporary restraining order preventing the deportation of Venezuelan migrants under President Donald Trump’s wartime powers invocation. On March 15, 2023, Trump ordered the deportation of 238 alleged gang members to a prison in El Salvador, referencing the Alien Enemies Act of 1798, which had not been utilized since World War II.
Judge James Boasberg ruled that many deported individuals contest their gang associations and are entitled to challenge their removals in court. This ruling precedes an anticipated appeal from the administration seeking to overturn the restraining order issued by the judge.
In his proclamation, Trump asserted that members of the Venezuelan gang known as Tren de Aragua were engaging in irregular warfare against the United States. Subsequently, Judge Boasberg ordered a temporary halt to deportations, instructing the government to redirect flights that were already en route. The administration claimed it was too late to comply as the flights had taken off.
The Trump administration has stated that the deportees were meticulously vetted and confirmed as gang members prior to their transport. However, family members of the deportees have challenged this assertion, with U.S. officials admitting that many individuals lack criminal records in the U.S. Judge Boasberg emphasized that until the court addresses the merits of their claims, the deportees cannot be sent back.
While the administration may pursue regular immigration deportations, it continues its legal battle in the DC Circuit Court of Appeals to lift the restraining order and seek Judge Boasberg’s recusal. The deportation cases have strained relations between the White House and the judge, who expressed concern over the behavior of the administration’s legal counsel.
Trump has criticized Judge Boasberg, labeling him a “constitutional disaster.” The Alien Enemies Act allows the president significant authority to expedite deportations from nations deemed adversarial. Rights organizations have condemned the deportations, asserting that such actions are unlawful as the U.S. is not engaged in war with Venezuela.
Trump’s Attorney General, Pam Bondi, defended utilizing this wartime law for deportations, asserting it is a form of modern warfare aimed at protecting American citizens. Conversely, Venezuelan officials, including Interior Minister Diosdado Cabello, have denied that the deported individuals were affiliated with any gangs, a claim echoed by relatives of the affected migrants.
In summary, a U.S. federal judge has maintained a temporary restraining order against the deportation of Venezuelan migrants, allowing them to contest their deportations legally. While the Trump administration attempts to overturn this ruling, it faces criticism for invoking wartime powers under the Alien Enemies Act. The complex legal situation highlights the contentious relationship between the administration and the judiciary, as well as ongoing debates regarding the legality and morality of such deportation practices.
Original Source: www.bbc.com
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