Decision prevents the government from using the law of foreign enemies to expel immigrants without judgment
District Judge James Boasberg, which represents the district of Columbia in the United States, denied the request of President Donald Trump (Republican) to suspend the measure that prevented the government from deporting Venezuelan immigrants.
The 1798 Republican to send accused of joining the criminal organization Tren de Aragua with El Salvador’s megaprinion. Bomberg banned the government from using this legislation. Trump appealed and was suspended on Monday (24.mar.2025). This is the judge’s decision (PDF – 322 KB).
“Each vehemently denies being a member of the Aragua Tren and, therefore, subject to the decree [de Trump]. Several, in fact, claim that they fled Venezuela to escape the group’s predictions, and fear serious consequences if they are deported only by the uncontested labeling of the government. ”said the Columbia judge about the deported Venezuelans.
According to James Boasberg, the accused have the right of defense and trial in a US court before they are expelled from the country.
President Trump, however, used the war law to make the legal process more flexible to reach a penalty, as the legislation allows the US to deport immigrants more easily, but only from war countries with the Americans. The last time the government used the measure was during World War II to expel Japanese.
“The Law of Foreign Enemies itself, moreover, no doubt establishes that those caught in their legislation must have the opportunity to seek a review [ou defesa]. This is because the law imposes limits on when the president can ‘provide the removal of’ foreign enemies: he can do so only when those identified ‘refuse or neglect the’ from the United States’said Bomberg in the decision.
Trump x Judges
The US President criticized James Bomberg’s initial decision to try to nullify the decree allowing the use of the law of foreign enemies. In one in the Social Truth, Trump said the judge “Do everything to usurp the power of the presidency”.
In addition to denying the Republican’s arguments to use the War Law, Bomberg also said that the government disregarded its court order, issued on March 15, so that 2 planes carrying immigrants returned to the US.
At the time, the lawyers of the Justice Department argued that the planes had already left the country when the judge issued the return request and the release of the Venezuelans.
