‘Incredibly problematic’: the judge handles the Department of Justice on the alleged deportations of gang members

The use of President Donald Trump of the Alien Enemies Law to deport more than two hundred and alleged members of Venezuelan gangs is an “incredibly problematic and problematic” application of the Trump administration administration law, the district judge of the US centers. UU.

Trump last Saturday invoked Alien enemies law, an authority in times of war used to deport non -citizens with little or not due process, arguing that the Venezuelan gang Train of Aragua is a “hybrid criminal state” that is invading the United States

“I agree that the political ramifications of this are incredibly problematic and problematic and worrying, and I agree that it is an unprecedented and expanded use of an act that has been used … in the War of 1812, World War I and World War II, when there was no doubt that there was a declaration of war and who was the enemy,” Boasberg said in Friday’s audience.

The judge pointed out that the Trump administration arguments about the scope of the president’s powers are “terribly terrifying” and a “long way” of the intention of the law.

He also promised to hold the Trump administration, if necessary, if they violated their court order last weekend blocking the use of the Alien Enemies Law to deport Venezuelan migrants.

“The government is not being terribly cooperative at this time, but I will get to the bottom of whether they violated my word and who ordered this and what is the consequence,” he said.

When Boasberg asked if the Department of Justice could promise that the Trump administration would celebrate individual hearings before they deported anyone under the AEA to confirm that they are members of Aragua’s train, the attached tax attachment Drew Design refused to make that commitment.

“No, honor, I have no authorization to do that,” he said.

Boasberg concluded the audience without issuing any decision from the bank.

Previously at the hearing, the judge investigated the moment and the reason behind the “hurried” deportations of the Trump administration last weekend, which took place despite the fact that Boasberg ordered that they deliver two flights that the administration said they deported to the alleged members of migrant gangs to El Salvador. The authorities could not change the flights, saying that they were already in international waters when they received the order, according to the sources.

Ensign confirmed to Boasberg during the Friday hearing that understood the oral directive of 6:45 pm of the judge to change both flights and transmitted that to the immigration authorities, apparently undermining arguments made by the Department of Justice earlier this week on the time of order.

“Can I ask you now how you played that statement when we had a conversation on Saturday?” Judge Boasberg asked. “Didn’t you understand my statement during that audience?”

“I understood their statements and transmitted its directive to customers, what I have done,” said Ensign.

“What did you understand? Did you think that was hypothetical, not serious, that it was going to be modified? Or did you understand that when I said to do that immediately?” Judge Boasberg asked.

“I understood your intention, that you meant that it was effective at that time,” said Ensign, seeming to undermine the arguments of the Department of Justice.

Judge Boasberg also expressed concerns about the time of Trump’s proclamation invoking the Alien enemies law, suggesting that he was “signed in the dark” to hurry deportations before someone could present a legal challenge.

“Why is this proclamation essentially signed in the dark on Friday night, on Saturday morning, when people ran on the plane?” Judge Boasberg asked. “For me, the only reason to do so is if you know the problem and want to get them out of the country before a demand is filed.”

“I am not aware of those operational details,” Ensign said.

Judge Boasberg also expressed concern that hasty deportations prevented men from challenging the accusation that belonged to Train of Aragua.

“They simply say: they don’t take me out, particularly a country that will torture me,” said Boasberg.

With an Ensign to undermine the arguments made earlier this week about the time of order and continue fighting to answer the questions of Judge Boasberg, the judge suggested that the Department of Justice could be risking his reputation and credibility with his recent conduct.

“I often tell my employees before they go into the world to practice the law, the most valuable treasure they possess is their reputation and credibility,” said Boasberg. “I just ask you to make sure your team [understands] That lesson “.

Trump is the first president since World War II to use the Alien Enemies Law and the first president to use it against a non -state actor.

An official of the application of immigration and customs of the United States acknowledged in an affidavit earlier this week that “many” of non -citizens deported to the last Wekend under the Alien enemies law had no criminal record in the United States.

Trump, asked about Karen Travers from ABC News on Friday during a press availability of the Oval office if he believes that he has the authority to gather people and deport them without having to show the evidence against him, he replied: “That is what the law says, and that is what our country needs.”

“You can’t take that out of responsible people,” Trump said. “And you can’t stop that with a judge sitting behind a bank that has no idea what is happening.”

“They are bad people,” Trump said about the alleged members of the gang while criticizing the border policy of the Biden administration. “We do not want them in our country. We cannot let a judge say they love them. You know, it did not run for president … I won on the basis of taking out the criminals from our country.”

Friday’s hearing occurs when officials at the Cabinet level in the Trump administration are considering invoking the privilege of state secrets to avoid the dissemination of information about deportations last week, according to the sworn presentation of the attached attorney general Todd Blanche.

Judge Boasberg gave the administration a deadline of the 10 am et to present a sworn presentation of someone with direct knowledge of the discussions at the level of the cabinet with respect to deportations.

The Trump administration has until March 25 to confirm whether they are invoking the privilege of state secrets to avoid the dissemination of information on deportation flights based on national security concerns.

Elizabeth Goitein, senior director of the National Security and Liberty Program of the Brennan Center for non -profit justice, said the potential use of the secrets of the Secrets of the State of the Trump administration could revive a conflict of decades over the role of the judicial branch in national security matters.

If Judge Boasberg accepts the Trump administration argument that providing more information about the deportation risks national security, could remove strips of evidence from the table and potentially the lateral legal cases related to removals, Goitein said.

But the Trump administration has to demonstrate the risk for Boasberg, who will make the decision on whether the privilege is applicable.

“The president cannot simply say the ‘National Security’ words and close the courts when it comes to his review of things as deportations under the alien enemies law,” Goitein told ABC News.

To demonstrate that the privilege must be applied, the head of the agency who has the relevant information must submit tests or affidavits that prove that the public dissemination of information would risk national security.

“It really depends on the judge,” Goitein said. “The judge will analyze the affidavits or declarations that the government present and determine whether, in the face, these documents establish that the privilege of state secrets applies to the information.”

However, the Trump administration has so far argued that not even Judge Boasberg has the right to know more about deportations. In judicial presentations and hearings this week, DOJ lawyers have argued that the problem exceeds Boasberg’s jurisdiction, although federal judges have the authority to review the information classified in closed environments, according to Goitein.

If the Trump administration continues with the judge, it is unlikely that they adequately invoke the privilege of avoiding the public dissemination of the records, according to Goitein.

“It seems that the government is already affirming, from the first moment, that the court should not have this information, regardless of whether to reach the litigants or if it ever becomes public. That is not a valid statement,” he said.

Goitein said that the demand for deportations can continue while Judge Boasberg addresses the arguments of the state’s secrets, and the case may continue even if the judge allows privilege. The use of the privilege of state secrets would be eliminated certain evidence and materials, some of which could be necessary to prove that the Trump administration could challenge the order of the court, but the general case on the legitimacy of deportations can continue, he said.

“This information that the judge has requested is less about the claim that the plaintiffs submitted … and more about whether or not the government complied with the order of the court to stop any deportation,” he said.