Blocking of Judge Boasberg's Order Prohibiting the Deportation of Illegal Alien Felons Refused by Appeals Court
By The Blog Source
In a significant immigration case on Wednesday, the D.C. Circuit Court of Appeals ruled against the Trump administration, declining to lift a temporary order that prevents the deportation of hundreds of illegal aliens connected to the vicious Venezuelan gang Tren de Aragua. The administration attempted to drive these people out using the Alien Enemies Act, which has generally been reserved for declared conflicts or foreign invasions. However, the court's ruling maintains the obstacle to an Obama-appointed judge's prompt removal.
An Obama-appointed district judge prevented the Alien Enemies Act, which President Trump invoked to deport migrants with gang affiliations, from being enforced. The D.C. Circuit Court of Appeals' divided panel maintained the temporary order issued by the lower court, allowing hundreds of undocumented immigrants to remain in the country in spite of national security concerns.
Judge Justin Walker, who was selected by Trump, dissented, claiming that the migrants ought to have used the habeas corpus procedure to contest their detention in Texas. According to President Trump, the continuous influx of immigrant people with gang affiliations amounts to a de facto invasion. By using the Alien Enemies Act, which has only been applied three times in American history, the administration sought to avoid the customary asylum procedures and transfer criminals straight to safe havens in El Salvador. Judge James Boasberg swiftly stepped in, stopping the deportations and ordering the planes to stop flying while in transit. Critics claim this action encourages criminal conduct and jeopardizes national security.
Circuit Judges Karen Henderson and Patricia Millett stressed in the majority judgment that Boasberg's injunction was "preliminary," implying that they had little choice but to wait for a more definitive decision. Despite being appointed by George H.W. Bush, Henderson took a limited interpretation of the law, arguing that an invasion had to be military in character. Obama-appointed Millett concurred with the decision on the basis of jurisdiction.
Judge Justin Walker, who was selected by Trump, dissents strongly. He attacked the procedural gamesmanship employed to postpone enforcement and contended that the migrants should have fought their deportations in Texas, where they were jailed, rather than in Washington, D.C. In Texas, Walker said, "They can have their day in court where the rules of habeas require them to bring their suit."
In addition to its consequences for immigration, the case has garnered national interest because it highlights the increasing ability of unelected courts to block executive decisions that directly affect national security. Critics contend that the courts are now being used as a political tool to thwart the implementation of immigration laws and undercut executive authority, even if the Biden-era Justice Department has declined to support the Trump administration's reading of the law.
The administration has not ruled out asking the Supreme Court for emergency relief. In the meantime, it is using the state secrets privilege to thwart calls to make flight details related to the deportations on March 15 public. Plaintiffs, including Democracy Forward and the American Civil Liberties Union, applauded the court's ruling, calling it a win for "due process," even for people suspected of being part of international crime syndicates.
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