Trump’s administration continues to insist that he does not defy the order of a federal judge when he failed to turn planes transporting Venezuelan migrants to El Salvador.
American District Judge James Boasberg, it measures whether the government defied his order by blocking the deportations of alleged gang members who did not belong to the procedure. This is a case that has become a flash in a growing tension between administration and federal courts.
In a A 14 -page document Late late on Tuesday night, the Ministry of Justice set aside before Boasberg why two flights did not turn to transported alleged gang members for a moment de Aragua, despite his verbal order to do so.
“These removal were complied with the laws and protected Americans against members of the foreign terrorist organization. The government will continue to defend the removal before this court and, if necessary, appeal on the dispute of two prohibitions of this court issued on March 15,” the submission reads. He was signed by Pam Bonda lawyer and other high -ended officials.
The government tries to share the needle regarding the Boasberg Directive, claiming that it did not “remove” any migrants after entering its order and “accepted a court ban on two disputed flights” because it was not formally anyone after 7:25 pm on Saturday, although she admitted that “did not ordered flights to the United States.”
Boasberg asked Drew Ensign, a lawyer for the Ministry of Justice, did he understand the verbal orders to turn the plane and whether Ensign realized if the command was direct. Ensign said he was. But in his appeal court, the impression continued to claim that Boasberg’s command was unclear and insufficient to be binding, claiming that he “did not fulfill the conditions for issuing binding prohibitions” because Boasberg and the court did not cite “the reasons why he issued” the ban.
“It is well appointed (in the law) that the oral directive is not executive as a ban,” the application states.
The impression later in the submission of the request claims that when the flights were outside the American airspace, they were “military questions”, and President Trump powers to order military flights wherever he wants.
“Incommines the Privilege of State Secrets”
On Monday, the administration called the privilege of state secrets and refused to give Boasberg additional information about deportations.
Boasberg, the Chief Judge of the Federal District Court of Washington, has asked for details About when aircraft landed and on board, the information that the administration claims would harm “the concerns for diplomatic and national security”.
Government lawyers also asked the appeal on Monday to be abolished Boasberg order And they allow the deportations of the teaching, the pressure he made to divide the three -court plate.
Patricia Millett District Court Judge said: “The Nazis were better treated under the Law on Aliens Enemies than happened here,” referring to the way Nazis detained in the US During the World World II they were processed compared to Venezuelan immigrants deported to El Salvador this month under the same statute.
“We definitely challenge the Nazi analogy,” replied Government lawyer Ensign during the hearing of the US Appellate Court for the Columbia District Court.
Millett noted that during World War II the Nazis were placed before listening to the committees under the administration of Franklin D. Roosevelt, and Trump’s administration acknowledged allegedly Too de Aragua Gang members deported to El Salvador and detained in maximum security prison did not have the opportunity to appear in court.
Millett is one of three appeals to the judge who will decide whether to abolish the order on March 15. temporarily banned from deportations under The Law on Euts’ enemies of 1798. They did not rule from the bench on Monday.
Judge Justin Walker, who also sits on the appeal court, appeared open to the administration argument that migrants should challenge their detention in Texas, not in the state capital. The third judge at the Council did not ask any questions.
The administration transferred hundreds of Venezuelan immigrants to El Salvador, referring to the Law on Almine Enemies for the first time after World War II. The law only called three times in American history: during the war of 1812, the First World War and World War II.
Also, on Monday, lawyers who represented the Venecuela Government filed a legal lawsuit in El Salvador to release 238 Venezuelan people who hold in the Salvadorant prison of maximum safety after being deported by American.
The Law on Aliens Enemies allows the deportation of noncititizen without the possibility of going before the immigration or federal judge. Mr. Trump issued a proclamation calling a gang of a moment de Aragua with an invasive force.
Ensign claimed that Boasberg’s verdict was “an unprecedented and huge invasion of the power of executive.”
“The president must comply with the Constitution and the Law as well as anyone else,” said Millett, who was appointed by Democratic President Barack Obama in 2013.
Judge Justin Walker, who was appointed by Mr. Trump in 2020, seems to have been more sensitive to the argument of the administration based on his test line. Walker pointed to Government’s claims that prosecutors were supposed to file their lawsuit in Texas, where immigrants were detained.
“You could have filed exactly the same complaint you filed here at the Texas District Court,” Walker told the US Union for Civic Freedom Lee Gellernt.
“We have no idea if everyone is in Texas,” Gellernt said.
Walker also pressed the prosecutor’s lawyer to state any previous case in which a court order blocking “National Security Operation with Foreign Implications” survived the appeal review.
Gellernt accused the administration of trying to use a law for a “short circuit” immigration procedure. Prosecutor’s lawyers had no way to individually cause all the deportations before the Venezuelani flew on March 15, he added.
“It’s all done secret,” Gellernt said.
Judge Karend Lecraft Henderson, who was appointed Republican President George HW Bush in 1990, was the third judge at the Council. She is the one who did not ask questions during the hearing that lasted for about two hours.
Boasberg, also Obamina nominated, ruled that immigrants face the deportation must get the opportunity to cause their appointment as alleged gang members. He said “a strong public interest in preventing the wrong deportation of people based on categories that do not have the right to challenge.”
“The public also has a significant share of government respect for the law,” ” The judge wrote.
Mr. Trump and his allies invited the imperaging boasberg.
In a rare statement, the Chief Judge of the Supreme Court John Roberts said that “Imperandment is not an appropriate response to disagreement regarding the court decision.”
Just after midnight on Monday, Mr. Trump posted a message on social networks in which he questioned the impartiality of Boasberg and invited him to separate him.
contributed to this report.
