The US president is appealing to the Supreme Court to overturn a lower court’s ban on the use of unclear wartime laws.
The Trump administration asked the Supreme Court for permission to resume deportation of Venezuelan immigrants in El Salvador under 18th century wartime law, but the court battle continues.
The Justice Department has called on the court to file a March 15 order for Washington, D.C.-based U.S. District Judge James Boasberg to temporarily suspend the summary removal of Venezuelans, while calling for a legal challenge to Trump’s alien enemy law to justify his deportation. 18th century law has historically been used only during wartime.
The Justice Department said in a filing Friday that the case presents the question of who decides how to carry out sensitive national security-related businesses, president or justice. “The Constitution provides a clear answer: President,” the department wrote. “The Republic cannot afford to make another choice.”
President Donald Trump is the first to evoke alien enemy law since World War II, justifying the deportation of hundreds of people under the presidential declaration calling the Tren de Aragua gang aggressor.
“The district court order here refused to judge the president on how to protect the state from foreign terrorist organizations and endanger the debilitating effects of sensitive foreign negotiations,” he wrote in the court’s application.
Flash Point Case
Lawyers for the American Civil Liberties Union filed the lawsuit on behalf of five Venezuelan non-citizens who were in custody in Texas hours after the declaration was made public.
The court has set a Tuesday deadline for responses from the ACLU.
The case is at a flash point amid escalating tensions between the White House and federal courts.
Trump’s administration argued that a temporary ban on Boasburg had invaded presidential authorities to make a national security decision.
On March 18th, Trump called for Congress to each Boasburg. This was a process that allowed him to be removed from the bench, and he took revenge from Secretary John Roberts. Trump on social media, known as Boasberg, was confirmed in the US Senate in 2011 with a bipartisan 96-0 vote, “The Extreme Leftman,” and “Troublemakers and Agitators.”
The DC Circuit supported Boasberg’s order after holding a controversial hearing involving a passionate language. Judge Patricia Millett said that a Justice Department lawyer portrayed Drew as “The Nazis received better treatment under the alien enemy laws than what happened here.” Ensign replied, “We certainly challenge the Nazi analogy.”
Many families of deported Venezuelan immigrants have denied alleged gang bonds. One of Decorty’s lawyers, a Venezuelan professional footballer and youth coach, said US officials mistakenly labeled him as a gang member based on a crown tattoo aimed at honoring his favorite team, Real Madrid.
Alien Enemy Law allows non-citizens to be deported without the opportunity to be heard before immigrants or a federal court judge.
Boasberg ruled that immigrants facing deportation must have the opportunity to challenge their designation as suspected members of the gang. His ruling stated that “there is a strong public interest in preventing false deportation of people based on categories that have no right to challenge.”
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