Lift the Ban on El Salvador Deportation Scheme
Well, the topic in the latest Common Dreams flies under the descriptor title. “Trump DOJ Turns to Supreme Court to Lift Ban on El Salvador Deportation Scheme.”
So what else is new with the Trump administration? Well? Tulsi revoking the security clearances for various people. The various includes former President Joe Biden, former Vice President Kamala Harris, Hillary Clinton and other political opponents. Trump is going all out revenge.
Back to the El Salvador deportation. I think this is still America where everyone gets their day in court. That is before the Gov exacts punishment in some form or another. Keeping the deported in the US would have allowed such. Sending them off to El Salvador makes it more difficult to repatriating them. I am sure the list is lost.
District judge Boasberg is giving Trump a hard time by wanting to follow procedure and process. But, but, I am the president (with a small t). So, he went the COA to get them to obey. The COA wants to think about Trump’s request, so he went to SCOTUS. Think about how quickly this happens for him and not for the average citizen. I would love to see the majority tell Trump to take a ticket and wait till his number is call. The story at Common Dreams.
“The U.S. Department of Justice on Friday appealed to the U.S. Supreme Court to lift a lower court restriction on the Trump administration. It allows them to to carry out deportations using the 1798 Alien Enemies Act, a wartime authority. President Donald Trump invoked it mid-March to deport Venezuelan immigrants he alleged, without evidence, were criminal gang members. However, legal experts say they are the victims of authoritarian overreach and still entitled to due process.
The deportees are currently being held at a megaprison in El Salvador. U.S. Homeland Security Secretary Kristi Noem toured it on Wednesday. In part to film a video in front of the incarcerated men. A move that was widely decried as sadistic and fascist behavior by a senior administration official.
On March 15, the same day that Trump published an executive order stating its intention to use the Alien Enemies Act to carry out deportations. District Judge James Boasberg issued a nationwide temporary restraining order, halting furthering removals of noncitizens under The Alien Enemies Act. The rarely used provision, never before invoked when the U.S. was not engaged in a war authorized by Congress, gives the president the ability to detain or deport noncitizens without first appearing before an immigration judge or federal court judge.
On Wednesday, a federal appeals court panel kept in place Boasberg’s order while the court decides on the underlying legal issues in the case—prompting the Trump administration to appeal to the Supreme Court.
The administration is asking the court to overturn Boasberg’s block, arguing that—in the words of Acting Solicitor General Sarah Harris—the “case presents fundamental questions about who decides how to conduct sensitive national-security-related operations in this country—the president, through Article II, or the judiciary, through [temporary restraining orders].”
As with other recent appeals from the Trump administration, according to CNN, the White House’s argument before the Supreme Court leaned on complaints that the lower courts are standing in Trump’s way.
‘Only this court can stop rule-by-[temporary restraining order] from further upending the separation of powers—the sooner, the better,’ Harris told the Supreme Court. ‘Here, the district court’s orders have rebuffed the president’s judgments as to how to protect the nation against foreign terrorist organizations and risk debilitating effects for delicate foreign negotiations.’
On March 18, Trump called Boasberg a ‘Radical Left Lunatic of a Judge, a troublemaker and agitator,’ and also said that “this judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!!” Rep. Brandon Gill (R-Texas) said a few days prior that he would be would ‘be filing articles of impeachment against activist Judge James Boasberg.’
Days later, John Roberts, the conservative chief justice of the U.S. Supreme Court, issued a statement rebuking calls from Trump and members of his orbit for the impeachment of federal judges who have ruled against the administration. For once, Roberts showed some Moxy with Trump and Republicans:
‘For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose,’ said Chief Justice John Roberts, whom critics have long seen as an enabler of Trump.
I do think it’s a good argument that TdA has invaded or made a predatory incursion. Guys cross the border and immediately start running a criminal gang feels like it fits. I think that part of this is the administration’s judgement. But it’s not a simple group, like being German was at the start of WW2. Needs to have a serious and observable process to designate those to be expelled. Also, the law allows these guys to get expelled, but to a third-country penitentiary seems ridiculous. Send them to Venezuela. Let Venezuela understand that not taking them back is a very bad idea. If they go straight to a Venezuelan prison, not our concern but not to El Salvador.