A federal judge has reportedly decided to block the Trump administration’s use of the Alien Enemies Act of 1798 to deport suspected Venezuelan gang members, warning of potential “consequences” for the administration if it does not comply with his orders.
U.S. District Judge James Boasberg called for the return of over 250 illegal aliens who were deported to El Salvador last weekend, instructing that the planes be turned around. In response, the Trump administration swiftly appealed the ruling, asserting that the presidential actions in question are beyond judicial review.
They argued that the relevant flights had exited U.S. airspace prior to the issuance of the order and were airborne over international waters.
On Monday, Boasberg required additional information regarding the first two deportation flights, including specific details about their departures and arrivals.
Initially setting a deadline for Tuesday, he later extended it by 24 hours to allow the government to respond adequately.
The Department of Justice (DOJ) criticized the judge’s inquiry, stating that it was unnecessary and hampering essential executive functions.
They contended that complying with the order could jeopardize diplomatic negotiations and expose sensitive information.
In its appeal, the Trump administration argued that the nationwide injunction against the Alien Enemies Act is an overreach, intruding on the president’s constitutional authority to safeguard the nation.
They maintained that, even if the court could evaluate the proclamation, it had already fulfilled necessary findings linking the Venezuelan government to the gang in question.
On Wednesday, Judge Boasberg reiterated the importance of acquiring the requested information, cautioning that failure to provide it could lead to consequences.
The appeals court has scheduled oral arguments regarding this matter for Monday afternoon.
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