A federal court has requested the return of planes already en route to Central America and ordered an immediate halt to President Donald Trump’s plans to swiftly deport Venezuelan nationals using seldom used wartime powers meant to fend off a hostile invasion.
Until he has more time to determine whether Trump’s use of the Alien Enemies Act was unlawful, U.S. District Judge James Boasberg ordered the Trump administration to temporarily stop efforts to remove those Venezuelan migrants on Saturday.
The case, which was filed on behalf of five specific Venezuelan immigrants, was temporarily converted into a class action, which prevents the deportation of all foreign nationals detained in the United States who are covered by Trump’s proclamation using the infrequently applied law.
Boasberg declared, “Any plane carrying these people that is about to take off or is already in the air needs to be returned to the United States however that is accomplished.” “Ensure that it is followed right away.”
During a break in a video session Boasberg held Saturday for the case brought by immigrant-rights advocates, two planes thought to be transporting Venezuelan deportees took off from an airfield in Harlingen, Texas. As Boasberg gave his order, two planes were in the air, getting closer to their destinations: one was headed for Comayagua, Honduras, and the other was headed for San Salvador, El Salvador, according to flight tracking databases.
Trump’s justification for using the 1798 legislation, which has only been applied three times in American history, to describe the criminal group Tren de Aragua as the equivalent of a foreign nation raises significant legal concerns, according to Boasberg.
Boasberg noted that the 14-day period until the temporary restraining order expires would be sufficient to challenge the validity of Trump’s order. He scheduled a second hearing on the case’s merits for the end of the following week.
“Today was a terrible day in the country’s history when the president said that he was attempting to use unprecedented wartime powers without a conflict or invasion and asserting that he had almost unrestricted power to expel citizens. However, the rule of law won out tonight,” stated Skye Perryman, president and CEO of the nationwide legal advocacy group Democracy Forward.
The Alien Enemies Act of 1798, which was created to swiftly remove foreigners during wartime or invasion, is the basis for Trump’s proclamation, which was issued by the White House on Saturday afternoon but signed on Friday. This comes just hours after a federal judge’s preemptive order prevented the five Venezuelan nationals from being deported right away. This is the White House’s most recent broad executive order aimed at accelerating Trump’s plans to deport millions of unauthorized immigrants. The Justice Department contended that the president’s inherent power over national security allowed him to arbitrarily decide who constituted a serious threat to the United States.
“I have discovered and declared that TdA is committing, attempting, and threatening to commit an invasion or predatory incursion against U.S. territory.”
