U.S. District Judge James Boasberg says President Donald Trump must provide illegal aliens deported to a prison in El Salvador the chance to challenge that move in court.
Boasberg’s order came on Wednesday regarding the illegals shipped off to the maximum security prison after they were removed under the 1798 Alien Enemies Act, Fox News reported.
The outlet continued:
“In short, the Government must facilitate the Class’s ability to seek habeas relief to contest their removal under the Act,” Judge Boasberg said in the order, filed late Wednesday afternoon. “Exactly what such facilitation must entail will be determined in future proceedings. Although the Court is mindful that such a remedy may implicate sensitive diplomatic or national-security concerns within the exclusive province of the Executive Branch, it also has a constitutional duty to provide a remedy that will ‘make good the wrong done.’”
Boasberg serves as chief judge of the U.S. District Court for the District of Columbia. In early March, he issued a ruling to block deportations of the suspected illegal alien gang members by the Trump administration after the president invoked the Act, Breitbart News reported on March 16.
However, Salvadorian President Nayib Bukele said over 200 suspected Tren de Aragua (TdA) members and 23 suspected MS-13 members had already arrived in his country.
The U.S. Supreme Court later lifted the block from Boasberg, Breitbart News reported on April 7:
While the ruling from the Supreme Court is a win for President Donald Trump and his administration, it was described as “narrow and focused on the proper venue for the cases, rather than on the administration’s use of a centuries-old law to justify its decision” to deport suspected illegal alien gang members, according to the New York Times.
Per the outlet, in a 5-4 decision, the Supreme Court justices found that “the migrants had improperly challenged their deportations in Washington, D.C.,” when they should have challenged them in Texas, “where they were being held.”
The outlet then reported on April 19 that the U.S. Supreme Court had temporarily paused the Trump administration’s planned deportations of more suspected TdA members.
Meanwhile, Boasberg has reportedly compared the Trump administration’s actions to those of King George III, according to media personality Ed Krassenstein:
White House Deputy Chief of Staff for Policy and Homeland Security Adviser Stephen Miller claimed the U.S. Supreme Court stripped Boasberg of his jurisdiction but he “just doesn’t care.”
However, the court’s decision apparently left room for Boasberg to move forward.
Per the recent Fox article, “Boasberg invoked the high court’s rulings before reiterating that due process includes providing migrants prior notice of removal, as well as so-called habeas protections, or the right to challenge their removals in court.”
“He allowed that it is possible that the Trump administration ‘lawfully invoked the Alien Enemies Act’ as well as the possibility that defendants are correct that the individuals removed are, in fact gang members,” the outlet said. However, Boasberg noted there was no way to know for sure because the plaintiffs did not have a chance to challenge’s the government’s decision.
Meanwhile, attorneys for some of the illegals deported to El Salvador under the Alien Enemies Act reportedly said their immigration cases have been dismissed, according to ABC News.
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