Judge Orders Trump Administration to Explain Stance on Venezuela Deportations
By Ted Hesson and Jack Queen
WASHINGTON (gudangmovies21) – A U.S. federal judge urged the Trump administration on Monday to furnish specifics regarding the deportation of numerous Venezuelans, which occurred contrary to a judicial directive prohibiting such actions. The judge demanded an explanation from the government by Tuesday justifying their belief that they adhered to his previous orders.
President Donald Trump’s administration expelled over 200 individuals from Venezuela whom they claim were part of Tren de Aragua, a gang known for activities such as kidnappings, extortions, and hit jobs, sending them to El Salvador during the same period when Judge James Boasberg put a temporary halt on the use of emergency war powers legislation that would have enabled these expulsions.
Boasberg had earlier instructed the government to provide details on the timing of the flights that transported the Venezuelans to El Salvador, including whether they took off after his order was issued.
He criticized the government's attorney for the administration's reaction during Tuesday’s hearing.
Boasberg questioned, "Why have you come here today with nothing to show in terms of answers?"
The hearing came after a request by the government aimed at removing the judge from the case. The Trump administration has contested the traditional system of checks and balances among the U.S. governmental branches.
After assuming office in January, Trump has aimed to stretch the limits of presidential authority by reducing expenditures approved by Congress, disassembling government departments, and dismissing numerous federal employees.
Monday's session was prompted by an emergency hearing on Saturday in which the American Civil Liberties Union, a civil rights group, requested that Boasberg issue a two-week temporary block on Trump's use of the Alien Enemies Act of 1798 to carry out the deportations.
The White House stated on Sunday that federal courts do not have the power to oversee Trump's ability to remove hostile foreigners as per an 18th-century statute typically reserved for times of war. Despite this assertion, they also mentioned compliance with the directive.
In a court submission just prior to Monday’s hearing, the Trump administration stated that the verbal instruction from the judge on Saturday to return any aircraft with immigrants aboard was “unenforceable” as it lacked a formal written order.
The administration stated that they did not breach Boasberg's later documented directive prohibiting immigration officials from deporting migrants since the flights were already en route before the order was issued.
However, the judge stated in court that he was keen to find out when the flights departed, their intended destinations, when they exited US airspace, and when they touched down in another country. Additionally, he requested information regarding when people were handed over to foreign authorities.
"There are significant risks related to operational national security and foreign relations involved," explained Abhishek Kambli, a Justice Department lawyer, highlighting why the Trump administration was hesitant about disclosing information.
Boasberg instructed the government to submit by midday on Tuesday specifics including the scheduling of departure and arrival flights abroad, the count of deportees, and reasons why the administration felt it couldn’t disclose this information publicly.
Boasberg did not indicate if the government had breached his directives from Saturday.
The judge appeared skeptical at times at the Trump administration's rationale for not returning the planes to the U.S. He repeatedly pressed Kambli, who repeatedly said there were matters he could not share publicly.
GOVERNMENT POSITION QUESTIONED
Several legal authorities stated that the airplane's position in the sky at the time the directives were given held no significance.
Michael J. Gerhardt, a constitutional law professor at the University of North Carolina School of Law, said the argument "borders on the absurd" and was "contrary to well-settled constitutional law" holding that federal officials are subject to the Constitution no matter where they are.
“A government aircraft conducting official affairs does not operate beyond the reach of the law,” Gerhardt stated, further noting: “Should this not be true, then the administration could essentially act however it wishes, provided it is no longer functioning within American territory.”
Given the Republican-led Congress’s general support of Trump's policies, federal judges frequently served as the primary check on his executive decisions, suspending numerous directives pending legal scrutiny. At times, according to activist organizations, the administration has disregarded court mandates.
The Trump administration has alternatively labeled the deported Venezuelans as gang members, "monsters," or "alien terrorists," yet hasn’t presented any proof to support these claims.
The White House press secretary, Karoline Leavitt, stated that a total of 261 individuals were deported. This includes 137 people expelled pursuant to the AlienEnemies Act and over 100 additional persons removed through regular immigration processes. Furthermore, Ms. Leavitt mentioned that among those deported were 23 members of the MS-13 gang from El Salvador.
(Reported by Ted Hesson from Washington, Jack Queen from New York, and Tom Hals from Wilmington, Delaware; Additional reporting provided by Katharine Jackson, Sarah Lynch, Grant Slattery, and Susan Heavey; Written by Joseph Ax and Daniel Trotta; Edited by Ross Colvin, Noeleen Walder, and Nia Williams)
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