A federal judge pressed the Justice Department over its failure to comply with his order to halt deportations under an 18th-century law. The judge also questioned the withholding of information about the flights.
The Justice Department argued that it had complied with the judge's written order, but the judge disagreed, calling the department's argument a "stretch." He ordered the department to answer questions about the flights by noon Tuesday and to explain why the information could not be disclosed in court.
The ACLU, which is representing the plaintiffs, said that the government's refusal to abide by the court's order is a dangerous precedent. The Justice Department has asked a federal appeals court to remove the judge from the case, arguing that he endangered national security by inquiring about the initiative.
The court fight centers on the Trump administration's use of the Alien Enemies Act to deport members of the Venezuelan gang Tren de Aragua. The law, which hasn't been invoked since 1941, gives the president the ability to quickly deport immigrants from "hostile" nations during war or when a foreign government perpetuates an "invasion."
The judge scheduled the hearing to determine the timeline of events since his order Saturday evening temporarily blocking President Trump's use of the Alien Enemies Act to deport Tren de Aragua members. He had ordered the Justice Department to "immediately" inform its clients that any planes involved in deportations needed to be returned to the United States. However, the government reported in a filing Sunday that "some gang members subject to removal under the Proclamation had already been removed from United States territory" before the judge's order was issued.
The Justice Department had sought to vacate the hearing, arguing that the questions about planes' locations "implicate sensitive questions of national security, foreign relations, and coordination with foreign nations" that were "neither material nor appropriate.
5 Comments
Rotfront
The government is right to deport these gang members. They are a threat to our communities, and we are better off without them.
Karamba
The judge is wrong to interfere with the government's deportation efforts. He is putting national security at risk, and he should be removed from the case.
Rotfront
The judge is overstepping his bounds by interfering with national security. The government has the right to deport dangerous individuals, and the judge should not be second-guessing their decisions.
Matzomaster
The ACLU is always looking for an opportunity to sue the government, but this time they are on the wrong side of the issue. The government is acting in the best interests of national security.
Rotfront
This is outrageous! The government is deporting people without due process and refusing to answer questions from the court. This is a dangerous precedent that could have chilling implications for everyone's rights.