Washington – Two decades ago, the Bush administration said its “war on terror”, who was held in the Gulf of Guantanamo, was prohibited from federal courts, but the Supreme Court did not agree.
“The state of war is not an empty check for the president,” Judge Sandra Day O’Connor said in 2004. “Whatever the authority that the United States Constitution imagines the executive authority in its exchange with other countries or with enemy organizations … it definitely imagines a role for all the three branches when individual freedoms are at stake.”
Just Judge Clarence Thomas is an opponent.
This case is now returned to the Supreme Court.
Although the nation is not in war, President Trump called for his powers to war under the Law of Foreign Enemies of 1798 to collect and deport El Salvador around about 200 members of the Venezuelan crime gang.
Two legal questions arose immediately.
How can Trump rely on Law 1798, which applies only when Congress “declared war” or “foreign government” has launched “invasion”?
How does the government know that all of these men are the members of the gang? Their families said they had no criminal records, and in some cases, they fled Venezuela and sought to resort to escaping from the gangs.
However, the legal battle has so far focused on the same big question from the era of Guantanamo: Does federal judges have the authority to limit the authority of the president who says it protects the nation from “dangerous foreigners”?
On Friday, Trump’s Attorney General, Sarah Harris, He urged the Supreme Court to allocate The judge who has a temporary stopping order on more deportation.
She wrote in her appeal: “This issue provides basic questions about who decides how to perform sensitive operations related to national security in this country-the president … or the judiciary.” “The constitution provides a clear answer: the president. The Republic cannot bear a different choice.”
Judges asked a response from the American Civil Liberties Union on Tuesday. The rapid movement is an early test if the Supreme Court will support the president’s authority to quickly deport migrants without the intervention of the judges.
Two weeks ago, tROMP signed an advertisementRen de Aragua, the Venezuelan crime gang, was “committing … invasion” of the United States and asking “the fast removal” for all those who were reserved.
On Saturday afternoon, March 15th, the American boycott judge, James Bouasburg, held a hearing arranged in a hurry in response to a lawsuit in emergency situations that were submitted on behalf of five Venezuelan men who are afraid that they will be deported to El Salvador.
At the same hour, administration officials arranged three aircraft to take off from Texas.
The judge asked how the law of 1798 could allow such deportation, “maintaining the current situation”, and ordered a temporary stop in all deportations.
Although the five prosecutors named in Texas, the administration mainly ignored the broader matter and allowed the three trips to move forward as planned.
Although the judge said he was disturbed, his orders were ignored, Trump’s lawyers were forced because of his intervention.
These orders An insult to the wide constitutional of the president “The legal authority to protect the United States from dangerous foreigners who pose serious threats to the American people,” said on behalf of Ati Bondi:
They said: “The presidential procedures they challenge are not subject to judicial review.”
They said: “The constitution does not simply provide any basis … the second guessing of the rule of policy issued by the executive authority that such an invasion is happening.” The president “has an inherent authority to conduct foreign affairs and address national security risks.”
They took a solid line and refused to reveal flight times for the aircraft that flew to El Salvador.
this They said “the secret of the state” In a summary on Monday.
The veterans of legal battles on Guantanamo see some similarities, but also differences.
The law professor at the University of California at Berkeley John Yu, a former lawyer for the Bush administration, said that Guantanamo prisoners have not been brought to the United States.
“Here, there is no doubt that the Venezuelan who sent to El Salvador was detained inside the United States,” he said.
In the past, the Supreme Court said that the people who are being held in this country, including non -employees, have the right to legal procedures.
Yu said: “Trump calls on the same arguments that we performed after September 11 that the seizure of enemy prisoners and his detainage during the war is exclusively within the authority of the president as a great leader to make war.” It also “provides similar arguments about the reason for the federal judges today to postpone the decisions of the executive authority during what he decided to invade.”
But Yu said he suspects that the courts would support Trump’s dependence on Law 1798.
Earlier this week, Boasberg explained that his matter was tight in the range as well as temporarily. He said that this will not lead to the release of any of the detained Venezueians, nor does it prevent the government from deporting those who have a “final arrangement for removal” under the laws of American immigration. It prevents deportation only to El Salvador, which is based on the disputed foreign enemies law.
He also has nothing about the plight of those who are now held in El Salvador.
On Monday, Trump’s lawyers asked the Court of Appeal in the Capital Department to get rid of Busburg’s order, but they lost in Resolution 2-1.
Both judges wrote a lengthy opinion indicating a separate point.
The disputed Judge Karen Henderson, who appoints President George Herpeter Bush, is to use the law of foreign enemies. She said: “The invasion is a military action, and not from immigration.”
Judge Patricia Melit, appointed by President Obama, said that the detained men deserve a hearing to challenge the prosecution that they are members of the gang.
Judge Justin Walker, who is appointed by Trump, opposed, but said that the detained men can submit a garment in Texas where they are being held.
The lawyer of the American Civil Liberties Union Lee Gilrrent, who filed the lawsuit, said that the decision that preserves the judge’s order “means that hundreds of individuals remain protected from sending them to a notorious black hole prison in a foreign country, without any legal procedures at all-perhaps for the rest of their lives.”
Sky Periman, head of the Democratic striker, described the decision of the Capital Department as “an important step for due legal measures and protecting the American people. President Trump is obligated to the laws of this nation, and these laws do not allow him to use the powers of war time when the United States is not in war and has not been invaded.”
On Friday’s appeal, Harris, the agent of the Acting Public, with Walker, agreed that the Venezuelan who had been held in Texas could provide an ideal body there.
ACLU and Melite’s lawyers rejected this option as impractical. They said that hundreds of men who were detained have no lawyers, and there is no way to know that they should make an individual legal claim in the Federal Court.