US judge denies Trump’s request to lift deportation ban on Venezuelans – JURIST
Chief Judge of the US District Court for the District of Columbia, James Boasberg, issued an opinion on Monday, denying the Trump administration’s request to lift the two-week deportation ban on Venezuelans. He states, “There is, moreover, a strong public interest in preventing the mistaken deportation of people based on categories they have no right to challenge.”
The Trump administration challenged the temporary restraining orders (TROs) Judge Boasberg granted to prevent the removal of Venezuelan nationals. The removals come after a proclamation suggesting that Tren de Aragua (TdA), a criminal organization founded in Venezuela, has invaded the US.
Boasberg refused to throw out the initial orders. He states, “before they may be deported, they are entitled to individualized hearings to determine whether the Act applies to them at all.” Judge Boasberg insists that Venezuelans must be allowed to challenge the accusation that they are members of TdA before they are subjected to deportation. The due process clause of the 14th Amendment states that all people within the US are entitled to fair procedures and fair trials. He has yet to decide the form the challenge may take.
This opinion was released just hours before a US Court of Appeals for the D.C. Circuit hearing regarding the government’s challenge to Boasberg’s TROs. In the hearing, US Circuit Judge Patricia Millett stated, “Nazis got better treatment under the Alien Enemies Act than has happened here.” The court has yet to say when it will rule.
Along with the proclamation, President Trump invoked the Alien Enemies Act of 1798. The Aliens Enemies Act is a centuries-old wartime law and allows the president to deport citizens from enemy nations during times of war or invasion – it has only been used three times in US history. The proclamation identifies the TdA as a Foreign Terrorist Organization and orders the deportation of any Venezuelan it deems to be a member of the criminal network.
This action has since faced various legal roadblocks. US rights organizations have filed a suit alleging that Trump is overreaching his authority and violating federal statutes and the Constitution.
Notwithstanding the TROs, the Trump administration continued to deport around 238 Venezuelans to El Salvador. White House Press Secretary, Karoline Leavitt stated that the removals had taken place before the court orders and claimed the court had no jurisdiction over the administration’s actions. Trump has since called for the impeachment of Judge Boasberg, which Chief Justice Roberts rebuked. The administration now moves to vacate the TROs stating that the plaintiffs are unlikely to succeed in their legal claims.
