Over the past two weeks, the immigration lawyers, who are scrambling from the court to the court, have received temporary orders in five states that prevent the Trump administration from using the law of foreign enemies, the law of war in the eighteenth century, to deport Venezuelan for being members of gangs in the terrorist prison in El Salvador.
Judges were harsh in assessing how the White House used a strong articles of association. “The cows have better treatment by law,” said a federal judge in Manhattan on Tuesday.
But at least so far, the only thing that lawyers have not been able to do is protect another group – and more difficult to reach – a group of Venezuelan immigrants: about 140 men in El Salvador, after deporting them there under the law more than a month ago.
Early on Friday, the American Civil Liberties Union took another shot to seek the due legal procedures for these men. Group lawyers Update One of the lawsuit against President Trump’s law was for the law of foreign enemies on March 15, which is the first to be stabbed in his protest by the law.
This time, the American Civil Liberties Union is asking a federal judge in Washington not to prevent men from sending them to El Salvador, but rather to help them return to the American soil.
When the American Civil Liberties Union submitted its initial copy of the lawsuit, at the Federal Provincial Court in Washington, Judge James E.
But this never happened. The administration’s failure ultimately led to A threat from the judge Pasperj to start achieving contempt To whether Trump officials have violated his original instructions – and now the updated lawsuit.
In general, the American Civil Liberties Union has submitted at least seven lawsuits in seven federal courts throughout the country, challenging the announcement of Mr. Trump on March 14, and called on the law of foreign enemies as one of the central tools in his aggressive agenda.
Claims have been determined in two different issues, but they are linked.
One of them is an important procedural question: whether the Trump administration has provided the immigrants who confirmed the officials under the law at a time and opportunity to challenge their deportation in court.
in The court was deposited on Thursday In the issue of the American Civil Liberties Union in Texas, one of the senior federal immigration officials said that the administration decided that a “reasonable amount of time” for migrants to express their desire to challenge the deportation may not reach 12 hours. The official said the immigrants could have at least another day to provide their challenges in court.
Another issue that the American Civil Liberties Union explores is more fundamental: whether the White House should be allowed to use the act at all against Venezuelan immigrants. It is supposed to be protesting under the law, which was issued in 1798, only during times of the stated war or the military invasion against the members of an enemy foreign nation.
Trump officials have repeatedly argued that the Venezuelan who are trying to deport them are members of a criminal gang called TRIN De Aragoa and that their presence in the United States is up to an invasion supported by the Venezuelan government. But this opinion was rejected not only Some US intelligence officialsBut also through an increasing number of judges, given the claims of the American Civil Liberties Union.
On Tuesday, for example, during a hearing at the Federal District Court in Manhattan, Judge criticized two thousand K. Helshhen, Mr. Trump’s use of the statute, said he “contradicts the law.”
Several times, Judge Helperstein, who was appointed by President Bill Clinton, said he believed that Mr. Trump was using the law in inappropriate ways. In particular, he pointed out that the law did not allow the government to “employ a prison in a foreign country in which people can be subjected to harsh and unusual punishment that is not permitted in US prisons.”
When Teberius Davis, the lawyer for the Ministry of Justice, took a case with this opinion, Judge Helcen called it.
Mr. Davis said: “Your honor, with respect, as soon as it is already removed, are not in the United States’ reservation,” said Mr. Davis. “This Salvador. They are a separate foreign sovereignty.”
“This is exactly the point,” Judge Helperstein said.
Another judge, Charlotte n. Sweeini, Ruling This week at the Federal District Court in Denver, he decided that the announcement of Mr. Trump incorrectly extended the meaning of terms such as “war” and “invasion” in a way that contradicts the actual text of the law of foreign enemies.
She wrote: “Because the text of the law” uses these terms “to refer to the military measures that indicate an actual or imminent war” – and not “illegal collective migration” or “criminal activities” – the law cannot preserve the declaration.
While the Supreme Court has not yet weighed in the wide number on whether the White House is using the statute properly, the court made a decision on the issue of procedural on whether Trump officials have given migrants subject to legal legal procedures.
They decide that they did not do that, Judges’ ruling on April 7 Venezuelan immigrants must be warned in advance if the government intends to deport them under the law of foreign enemies so that they can challenge them in court, but only in the places that are being held. The judges have not yet seen their vision – or any kind of warning that immigrants should receive.
However, the American Civil Liberties Union uses this ruling in the updated lawsuit filed in Washington along with The second Supreme Court decision It was distributed in a different deportation. In this decision, the judges decided that the White House was forced to “facilitate” the launch of the Maryland man, Kilmar Armando Abergo Garcia, from Al -Salvadouri’s nursery after officials deported him last month last month in violation of the previous court’s order that explicitly prevented him from sending him to the country.
Lawyers of the American Civil Liberties Union in essence sought to integrate each of these provisions into one tool to demand not only that the Trump administration provides approximately 140 Veneers in Al Salvadori’s nursery with a way to challenge their circumstances, but also that officials take active steps towards securing their release, because they have not given the opportunity before.
Lawyers have argued, moreover, it is appropriate to challenge deportation in front of Judge Pomsberg in Washington, although this is not the place where men are currently being held. They say Washington is the place for legal procedures when prisoners are at detention abroad.
But even if this strategy succeeds, it may be difficult to force management to take actual steps to release men from the Salvadori nursery.
For example, Mr. Alago Garcia remains in El Salvador two weeks after the White House Supreme Court order to help secure his freedom.
Yonan E. Bromwich and Matathas Schwartz The reports contributed.
