Federal judge blocks Trump hours after he issues ‘alien enemies’ action : NPR

In his last step to discourage illegal immigration and immigration on a larger scale, President Trump raised a presidential measure that calls for the law of foreign enemies for 1798, a law that rarely gives the president the authority to detention or deport the citizens of an enemy nation during the war period. It is only the fourth time in the American history that the president has used the act – and the first since World War II.

The guidance targets Tren De Aragua members, the Venezuelan Prison Gang, and allows the expedited removal of all 14 -year -old Venezuelan citizens, who are considered members of the organization, and they are not American citizens or permanent legal residents.

According to the presidential procedure, these people are “responsible for their arrest, restriction, securing, and removing them as foreign enemies.”

The American boycott judge, James Bouasburg, released hours after Trump hosted the power of the war that prevents the administration from using it to deport anyone, adding that the administration should flip the aircraft already in the air.

Earlier in the day, in a lawsuit filed by the American Civil Liberties Union and Democracy striker, Boasberg prevented administration from deporting five Venezuelan men for 14 days. Another session on this issue will be held on Friday.

Executive action was signed in January, which Treen de Aragua was set as a foreign terrorist organization for the direct removal of its members from its American territory under the law of foreign enemies, declaring that, along with MS-13, a gang with assets in El Salvador not listed in the work of Saturday, “providing an unusual and investor of national security, foreign policy, and economy.”

The rapid removal process is allowed by the law that those who are subject to the declaration of the president will not go through the regular immigration court, or be able to demand resort. Defenders fear that calling the act would also open the door to target and deport other individuals, regardless of their criminal status or records.

“There is nothing in the same law that requires limited to individuals or individuals who were not documented who have committed crimes,” said Catherine Yun Etitrite, the lawyer for the Freedom and National Security Team at the Justice Center at the Essaqar Center from Brennan. “It is not a matter of legal status, consistent with the idea that it is power in wartime, and not the authority of immigration.”

It is also unclear how the inclusion of minors in the work of the president on Saturday will play in legal challenges.

Trump laid the basis for the restoration of the old law

Trump threatened today The first days of the campaign trail in 2023. In many gatherings, he pledged to “summon the law of foreign enemies to target and dismantle every immigrant criminal network.” Immigration was a major topic during his campaign, during which he promised the largest deportation procedures in the country’s history.

At the Republican National Congress last July, the Republican Party adhered to “summoning the law of foreign enemies to remove all known gang members, suspects, drug dealers or cartel members from the United States.” As part of the party platform.

Trump has long argued that the action would give a “huge authority” to enforce the immigration law. The arrests and deportations that were held through the law through the Court of Immigration will not pass, and will allow Trump to overcome the traditional deportation process, according to Morgan Billy, who served as the Deputy Chief of Staff in American Citizenship and Immigration services during the first period of Trump, which includes appearing before the judge.

Billy said: “Under the law of foreigners’ enemies, this aspect of traffic is shortened in each of these steps, and there is no aspect of showing or allowing the individual to bring his day in court in front of the immigration judge.” “Instead, the person can be deported simply based on whether it is a citizen of a particular country or not.”

The legal challenges of law enforcement remain

Foreign and enemies law is the last of the four strange and deadly works, and the other three that have been canceled or expired. The president is allowed to detain, transfer, or deport non -citizens from a foreign nation or a government considered an enemy during the war period.

The last time the honor was invoked is the Second World War, during which 31,000 suspected enemy foreigners The Japanese, Italian and German regions were mostly placed in detention camps and military facilities. The law requires the official declaration of war – which is only the authority of Congress.

George Fishman, a legal colleague at the Conservative Center for Immigration Studies and the former Deputy General Advisor to the Ministry of Internal Security during the Trump administration, was strong. Law supporter. Still, he has Acknowledge the legal challenges In identifying illegal immigration as an invasion and description of gangs as foreign countries.

“It will be a hard struggle to obtain the federal court to register its use,” Fishman said. “Federal courts have not yet bought through illegal immigration as obtaining the definition of invasion under the use of the US constitution for this term.”

But he said that the issue of invasion and predatory penetration is still a controversy in court.

Migrant rights groups, including American Civil Liberties UnionThey are already fighting the effort and urged local governments to take measures that limit the use of local resources to help the immigration application.

Legal experts also say that there is a legal precedent that may make this difficult as well.

Ibrahim said that the historical efforts to make the war authorities impose migration at the time of peace have never succeeded in the courts.

“The challenges will come from the non -profit sector, the space of the invitation, as well as from the countries … and may lead very well until the courts raise an attempt to use the law of foreign enemies,” said Ibrait. “But it is not quite clear what the courts will do.”