A federal judge stifled the Trump administration’s attempt to deport Cuban gang members, putting an end to the country’s centuries-old laws used to stifle the crackdown.
Just days after President Donald Trump invoked the Alien Enemies Act of 1798 to support fast persecution, US district judge James E. Boasberg issued the crisis judgement on Saturday night. The legislation, which has previously only been applied during wartime, may have allowed the administration to avoid routine immigration hearings.
After learning that the state had already authorized the flow of Venezuelan refugees to El Salvador and Honduras, Boasberg intervened. Up to 300 migrants deemed group members by the US authorities had previously agreed to live in El Salvador.
In judge, Boasberg stated,” I do not think I can wait any longer. I am required to act.” He continued,” The state is not at risk if their treatment is temporarily postponed.”
The government’s claim that the Cuban gang Tren de Aragua was “invading” the United States, which posed a clear threat to national security was soon followed by the ruling. His declaration, which was made just over an hour before the reading, described the nation as a “hybrid legal state” that had lost power to international crime cartels, including Tren de Aragua.
If the order had been enforced, it would have given the administration unrestricted authority to remove gang members without the need for court action. Additionally, it threatened to revoke certain legal protections that are typically reserved for those facing deportation.
Legal difficulties for Trump
The administration’s decision led to legal issues, with the ACLU and Democracy Forward filing lawsuits against five Venezuelan migrants who feared deportation would soon occur.
In response, Boasberg halted their removal on Saturday morning with a temporary order. The government filed an appeal, contending that executive power would be stifled if a president was prevented from acting before an order was made public.
The justice department made an appeal, contending that district courts would be permitted to enjoin virtually any urgent national-security action just upon receipt of a complaint.
Later, Boasberg expanded his ruling to include all migrants affected by Trump’s decree, allowing deportations for up to 14 days and setting up a follow-up hearing on Friday.
During the hearing, deputy assistant attorney general Drew Ensign argued that Trump had the authority to acquiesce to Tren de Aragua using the Alien Enemies Act. He also referred to a Supreme Court decision from 1948 that allowed the US to continue holding a German national hostage after World War II was over.
Tren de Aragua started in a prison in Venezuela and spread throughout South America as people fled the country’s economic collapse. Venezuelan authorities claim that the gang has been dismantled despite Trump making the gang a central component of his immigration policy and formally labeling it a terrorist organization last month.
