The legal showdown last weekend showed that the Trump administration is continuing to test the scope they can ignore or violate court orders.
On Saturday, Trump officials tried to quickly expel a group of people they said were members of Venezuelan gangs to El Salvador, based on a new secret legal principle, and then progressive activists could file lawsuits while judges could stop them.
However, militants did prosecute, and while deported flights were in the air or were about to leave, the judge did issue an order to stop them.
But the government ignored the judge’s order and refused to reverse or stop the flight, and the 261 immigrants reportedly handed over to El Salvador detention centers.
Trump officials cite some reasons for allowing deportation to take place. One is that because two flights have left U.S. territory, the judge’s order (they claim) no longer binds them. They also asserted The federal court cannot look at Trump’s new legal body cited – an obscure, rarely used law known as the Alien Enemy Act.
It is worth noting that Trump officials seem to hesitate to say that they oppose the court order. Axios’ story Make this claim Published, yes Updated with anonymous official statement: “It is very important that people understand that we are not actively violating court orders.” But this story makes it clear that they order the court orders at hand and choose to ignore it.
Indeed, the way the Trump administration challenges the judicial authorities is played is not through open resistance—no bold “I violate the court” announcement. Instead, it is by sneaking out of things, pushing the limits, finding edge cases, and finding any legal reason they think can even be out of reach.
For example: They think they can escape deportation in these processes on Saturday. But there has been no news of further deportation of alien enemy bills since then – if they stop now, they are at least showing belated compliance with the judge’s order while appealing and hoping for the final blessing.
A series of tangled incidents involving Saturday’s deportation and incidents where judges tried to stop them
On Friday, Trump secretly Sign an order Said he would claim authority under the Alien Enemies Act (only three times in 1798) to expel Venezuela quickly Tren de Aragua Gang. Trump officials are trying to send them to El Salvador (those who President Naibburi Bukel agrees to accept U.S. deportation) and they are quickly deported before they can be deported in court, making any defense or arguing that they have been wrongly charged.
But, news that Trump intends to do so Leaked earlier that week. And, believe the order is coming, progressive activists Filed on Saturday In the morning, they represent five Venezuelan plaintiffs in the U.S. federal custody, fearing deportation. U.S. District Court Judge James Boasberg quickly ordered the five plaintiffs not to be deported within 14 days and held a hearing on the topic Saturday afternoon.
However, Boasberg’s initial order did not completely stop Trump’s invocation of the Alien Enemy Act – because he was not aware that Trump had invoked it.
Later Saturday afternoon, shortly before the hearing began, the Trump administration produced the Alien Enemy Act Announce the public. Then, The hearing is underwaytwo deportation flights left the United States and headed to El Salvador.
At about 6:47 pm ET, Boasberg issued a verbal order that blocked the Alien Enemy Act (not only the bill of five plaintiffs). He noted that his orders may require a reverse plane. He posted the order in writing at 7:26 PM Eastern Time.
By then, two deportation flights had left U.S. territory. Trump officials Discussed what to do And decided not to reverse these flights. in addition, It is reported that the third deportation flight left the United States Shortly after issuing the Boasberg command.
All three flights eventually landed in El Salvador, where 261 immigrants (mostly Venezuelans, and some El Salvadorians) were handed over to custody of the El Salvadorians. Trump officials Tell the Washington Post 137 of them were deported under the Foreign Enemy Act, while the rest were deported under other legal institutions. (The five Venezuelans prosecuted were not deported and remained in the United States.)
Trump officials’ claims about what happened here will be reviewed in court soon
Every Marc Caputo from AxiosDeputy Director of Policy at the White House Stephen Miller “Planned” it all with Homeland Security Secretary Kristi Noem. Sources in Caputo claim their goal was to complete the deportation before any judge stopped them – they were foiled. “We need them on the ground first and then the judge can file a lawsuit, but that’s the solution,” an anonymous official told him.
Furthermore, government sources in Caputo said they only refused to order the aircraft to withdraw as recommended by lawyers, a decisive fact that the two aircraft were in international waters. But this does not prove that a third flight will be allowed to leave the United States shortly after Boasberg’s order.
More details may be released soon as Boasberg plans to question whether the government complies with his orders at a hearing Monday afternoon. But for now, it seems like the latest effort of the Trump administration to test the limitations they can get rid of when violating the court. This means we might find out what (if any) The court can respond.
