The judge keeps a block on the deportations of Trump’s gangs, says that they are facing “torture, blows” in Salvador

The Venezuelan migrants returned by the Trump administration to Salvador last week deserved to have a hearing before the court before their deportations to determine if they belonged to the gang of Tren in Aragua, tried a federal judge on Monday morning.

In a decision refusing the Trump administration’s request to dissolve his order blocking deportations, the American district judge James Boasberg wrote that “the unprecedented use” of Trump of the Act respecting extraterrestrial enemies does not suppress the government’s responsibility to ensure that the kidnapped men could dispute their designation as members of the alleged gang.

Last week, Trump invoked the Act respecting extraterrestrial enemies – a war authority used to expel non -citizens with little or no regular procedure – arguing that the Venezuelan gang Tren of Aragua is a “hybrid criminal state” which invades the United States. Boasberg temporarily blocked the use by the president of the law to expel more than 200 alleged gang members in El Salvador, calling for “terribly frightening” and “incredibly annoying” moves.

An official of immigration and the application of American customs then recognized in a statement under oath that “many” of non-citizens expelled last week under the law on extraterrestrial enemies had not had a criminal record in the United States.

“The court does not need to resolve the thorny question of knowing whether the judiciary has the power to assess this assertion in the first place. It is because the complainants were likely to succeed on another equally fundamental theory: before they are expelled, they are entitled to individualized hearings to determine if the act applies to them,” said Judge Boasberg in his judicial Monday.

Judge Boasberg acknowledged that the use of the extraterrestrial enemies law “implies a multitude of complicated legal problems”, but has contributed to the broader question of whether the law has been properly invoked, rather focusing on the regular procedure deserved by men. He added that the men were irreparably injured by their dismissal to a prison in El Salvador where they are faced with “torture, blows and even death”.

“The federal courts are equipped to judge this question when individuals have threatened with detention and moving dispute their designation as such. Because the complainants named dispute that they are members of Tren de Aragua, they cannot be expelled as long as a court has not been able to decide on the merits of their dispute,” he wrote.

Judge Boasberg has also questioned the allegation of the Trump administration that the decision risks national security, noting that men would always be detained in the United States if they had not been expelled.

On Friday, during a hearing by the court, the lawyers of the MJ acknowledged that the men expelled on the law on extraterrestrial enemies had the right to a hearing of Habeas – where they could contest their alleged membership in Tren de Aragua – but refused to judge that each man would receive an hearing before being dismissed.

Boasberg’s decision is taking place when a federal court of appeal is preparing to hear the arguments on Monday against the Trump administration of the Extraterrestrial Enemies Act for last week’s deportations.

If the DC Court of Appeals circuit overturns the blockage by Boasberg of use by the president of the old law in wartime, the Trump administration could exercise authority to expel any alleged member of a migrant gang with little or no regular procedure.

Lawyers representing the targeted venezuelan men under the proclamation of Trump argued that the president had exceeded his authority using the law on extraterrestrial enemies against a gang – rather than a state player – outside the war.

“The president tries to write the limits of the law congress,” said the complainants, adding that the American presidents used the law three times during the war or immediately.

But the Trump administration argued that the judiciary does not have the right to review the use of the law on extraterrestrial enemies, alleging that the deportations fall under the powers of the president of Article II to withdraw the alleged terrorists and execute the country’s foreign policy.

“The president’s action is lawful and based on a long story of use of war authorities against organizations related to foreign states and national security judgments, which are not subject to a second judicial riddle,” supported DOJ lawyers in court documents.

The Trump administration asks the Court of Appeal to overthrow the temporary ban on Boasberg blocking deportations, while judge Boasberg continues to examine whether the Trump administration deliberately challenged its order by sending men to a prison in El Salvador rather than returning them to the United States as he headed.

“The government is not terribly cooperative at this stage, but I will arrive at the bottom of the violation of my order and which ordered this and what is the consequence,” said Boasberg on Friday.

Deportations under the Extraterrestrial Enemies Act blocked temporarily, the Trump administration has promised to use other authorities to expel non-citizens. During the weekend, the president of the Venezuelan National Assembly, Jorge Rodriguez, announced that the country had concluded an agreement to resume the flights of repatriation of the Venezuelan migrants of the States

“We will continue to target the worst of the worst, which we have done since the first day, and to expel from the United States through the various laws on books,” Jon Karl, the TSAR of the Tom Homan border on Sunday, in ABC.

The hearing of three people with today’s arguments includes two judges appointed by republican presidents, one appointed by Trump himself. The DC circuit is the last judgment before the Trump administration could bring the case before the United States Supreme Court, where Trump appointed three judges during his last mandate, reinforcing the conservative majority of the Court.