Donald Trump has asked the Supreme Court to court his government that his government resumes the deportations of alleged Venezuelan gang members without court hearings, intensifying a confrontation that is testing the capacity of federal judges to impose limits on the president’s power.
The request takes place after a Federal Appeal Court in Washington decided against the government at a 2-1 vote on Wednesday (26), maintaining the suspension of deportations based on a war status that Trump invoked in a March 15 proclamation. The government asked the Higher Court to annul the decisions of a federal judge who temporarily blocked the deportations.
If granted, the request would open at least one temporary window for Trump under the status of war, the 1798 foreign enemies law would allow the government to deport people from the country again, potentially without giving them a chance to ask a judge to consider their allegations that they are not members of gangs.
The process “calls for the intervention of this Court,” said interim attorney Sarah Harris.
The new request does not directly involve one of the most explosive aspects of the case: the accusations that the government disobeyed the verbal order of US district judge, James Boasberg, to return two planes that were transporting migrants to an El Salvador prison. This aspect of the case, including the refusal of the Administration to provide information about flights on the grounds that this would put state secrets at risk, remains under the jurisdiction of Bomberg.
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