U.S. District Court Judge James Boasberg declined to lift a restraining order barring the Trump administration from using the Alien Enemies Act to deport Venezuelans.
Boasberg noted President Trump’s “unprecedented use of the Act outside of the typical wartime context” in signing an order that allowed the removal of any Venezuelan suspected of being a member of the Tren de Aragua gang.
The Hill reports:
“Plaintiffs are likely to succeed on another equally fundamental theory: before they may be deported, they are entitled to individualized hearings to determine whether the Act applies to them at all,” Boasberg wrote.
“Because the named Plaintiffs dispute that they are members of Tren de Aragua, they may not be deported until a court has been able to decide the merits of their challenge.”
Boasberg noted the Trump administration is still free to deport Venezuelans through regular immigration authorities.
“The Order did not prevent Defendants from removing anyone — to include members of the class — through other immigration authorities such as the [Immigration and Nationality Act]. Indeed, as previously mentioned, those affiliated with Tren de Aragua were all already deportable under that statute as members of an [Foreign Terrorist Organization],” he wrote.
The order comes amid a separate legal battle in the case to determine whether the Trump administration violated a court order from Boasberg directing any flights taking the migrants to a Salvadoran prison be halted or turned around.
Just another judge jumping the shark.
These people are not legal US Citizens and should not be entitled to protection of any sort under the U.S. laws.
100% correct. They are no Citizens!
TOTALLY AGREE. Our society must be protected from criminals who come to this country while breaking our laws. And, our judges should start using our laws to protect our citizens rather than protect the criminals.
Totally agree. This judge does not care about tge US Constitution, the citizenry this a-hole is supposed to be protecting. All he cares about is promoting the radical ideas of the left. IMPEACH HIM, NOW!!!
I’ll challenge this partisan judge with the same thing I use on probation/parole folks: if he isn’t willing to take them in to his own household and assume liability for them, he has NO business letting them escape the hand of justice.
AGREED!!!
Illegal aliens/migrants are criminals for breaking our laws (illegal), and they are not American Citizens so why are they being protected and treated as such?
The democrats are hellbent on thwarting anything Trump does. It’s totally paid for by Soros and his ilks. I can’t wait until the Supreme Court weighs in.
I agree that illegal aliens should either leave or be deported. I support that if they leave of their own accord that they can apply to return and, if they have no felonies, they can be readmitted.
As for those who say that all illegals have no rights, it depends on their visa status. If they entered by just crossing the border they are trespassing in our country and should leave. If they entered on a valid visa but have overstayed their visa, then they will be detected when they leave through an airport, or try to reenter at a border. But if they entered and claimed asylum (political or terrorism in their home country) then they are entitled to protection until they get in front of a judge and they are granted asylum or ordered to leave.
First question. Are they in the USA legally. If they are then they have protection under the Constitution of the US. IF they are here illegally they are criminals and have NO legal status in the USA and can be deported the same as someone who just takes one step into the USA and a BP finds them and tells them to leave.
We should deport the illegal judges along with the criminal aliens
Time to take the black robes from the corrupt judges. There are too many socialist judges trying to run the country and corrupt district attorneys in New York. We real Americans are tired of being harassed by the communist unelected people.
Agreed! Illegal just by their entry to the USA. We are being kind in our removal. Not dumped from a plane over shark infested waters, taken to a prison that will feed and shelter them.
Since when does a judge (who by the way has family members connected to Soros and worse than that) be able to tell the President of the United States Republic of America that he cannot do his job when he, the President, is above this and all judges in this Country? It’s not only against the Constitution of these United States Republic but against the Rule of Law!
drop some of these thugs in the judges neighborhood! someone needs to whip the judge’s ass! please let me!
Evidently the judges do not have enough work on their dockets so they must meddle where they have no jurisdiction. These idiots must be removed from the judgeships, they are an encumberance not a benefit to the nation.
The judge is anti American! His reasoning should be questioned. His patriotism should be questioned.
Naturally, a liberal judge would do their best to protect a criminal against law abiding citizens of the U. S. Every single illegal alien invader is a criminal simply by being in our country without permission. Why bother having passports or visas at all if anyone can simply walk into a country, stay as long as they want, collect whatever benefits they can without repercussion and leave if and when they want to? If I tried to go to another country without a passport and visa I could and probably would be arrested. Pretty sure I would also be required to obey their laws as well, but “judges” like this one flaunt and twist the law instead of upholding it.
Not a citizen? NOT protected LIKE a citizen! Clear enough “judge’?!
Boasberg is over stepping his authority by allowing non USA criminals the same legal rights as law abiding citizens. Hello everyone and Judge Boabsberg , they are here ILLEGALLY. What’s so difficult in understanding that concept?
The left needs to understand what “right “ means.
These radical democrat judges need to let President Trump make America safe again because that’s what the American citizens elected him to do.