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'Staggering': Lawyers blast Trump's use of Alien Enemies Act against gang not country
8–10 minutes
WASHINGTON – Five Venezuelans detained on immigration issues called
President Donald Trump (unknown)’s argument for their deportation under the
Alien Enemies Act (uscode.house.gov) “staggering” and urged a federal appeals court to uphold a lower court
judge’s order blocking their removal (unknown).
Trump (unknown) invoked the 1798 law, which had previously only been wielded during declared wars against other countries, to hasten the removal of alleged members of
Venezuela’s crime gang Tren de Aragua (unknown). The five Venezuelans identified only by initials, who denied being members of the group and feared deportation, challenged the invocation of the act in a federal lawsuit.
Chief U.S. District Judge James Boasberg, based in the nation's capital, temporarily blocked their deportation Saturday while the case is litigated. However, the Trump administration asked the D.C. Circuit Court of Appeals to halt Boasberg’s order.
Trump's action 'cannot be squared' with using Alien Enemies Act during war: lawyers
Lawyers for the Venezuelans from the American Civil Liberties Union and Democracy Forward Foundation argued that wielding the American Enemies Act against a gang “cannot be squared” with the centuries-old statute because it only applies to citizens of a country at war with the U.S. or of a foreign government that has invaded U.S. territory.
Hundreds of Venezuelans were
deported under the act on Saturday to El Salvador (unknown).
President Nayib Bukele (x.com) said in a social media post they could be kept for a year for a U.S. payment of $6 million and the term could be renewable.
The Venezuelans' lawyers said the consequences of allowing an exception to the law could be profound.
“The implications of the government’s position are staggering," they wrote. “If the President can designate any group as enemy aliens under the Act, and that designation is unreviewable, then there is no limit on who can be sent to a Salvadoran prison, or any limit on how long they will remain there.”
Trump calls for impeachment of judge
Before Trump, the act had only been invoked three times, during the War of 1812, World War I and World War II. But Trump and his lawyers contend the crime group Tren de Aragua is invading the U.S. for criminal purposes.
Justice Department lawyers have until 5 p.m. Wednesday to respond to the Venezuelans’ argument. The government lawyers have also called for Boasberg’s removal from the case. They contend Boasberg cannot question deportations ordered by Trump since he is the commander
-in-chief of the military carrying out the flights. They also say the judge is breaching the bounds of the judiciary in seeking to intervene in his dealings with foreign governments.
Trump called Tuesday for Boasberg’s impeachment. Supreme Court Chief Justice John
Roberts rebuked Trump (unknown) for criticizing a judge rather than simply appealing his decision.
USA TODAY can be reached at lvillagran@usatoday.com.
