The government of US President Donald Trump asked the Supreme Court to enter the tense legal battle on the application of the “foreign enemies law” – the legislation of war times he used to quickly deport alleged members of a Venezuelan gang.
The appeal filed on Friday (28) asks the court judges to annul the decision of district judge James Boasberg, who blocked new deportations under the act.
The movement further pushes the Supreme Court to the plot of Trump’s judicial imbrogs. The deportations of Venezuelans are perhaps the most significant subject now pending on the court agenda.
“This case presents fundamental questions about who decides how to conduct sensitive national security operations in this country-the president, through article II, or the judiciary,” interim attorney Sarah Harris told the Supreme Court.
“The Constitution provides a clear answer: the President. The Republic cannot afford to luxury a different choice.”
As with other recent appeals, the Trump government’s argument was full of complaints about lower courts entering their path by uttering temporary decisions that – although they did not solve the challenges of the president’s power – at least put part of his stand by “stand by” agenda.
“Here, the District Court’s orders have rejected the president’s trials on how to protect the nation against foreign terrorist organizations and risk debilitating effects for delicate foreign negotiations,” Harris wrote.
The Justice Department also asked the Supreme Court a temporary “administrative suspension”, which would put Bomberg’s decision on hold for a few days to give judges time to review the case. Such a suspension, if granted, would allow the government to immediately resume deportations.
The court has asked individuals who dispute the use of Trump’s foreign enemies law to respond to the government’s appeal by Tuesday (1st).
In question in this case is Trump’s decision on March 15 to use the 1798 “Foreign Enemies Law”, which gives him ample power to aim and remove irregular immigrants. The law grants this authority in times of war or when an enemy tries a “predatory invasion or foray.”
Shortly after Trump invokes the law, authorities carried three planes with more than 200 Venezuelan citizens and took them to El Salvador, where they are being kept in a maximum security prison.
Since then, the government has said that some of these people have been deported under different authorities from the act of the eighteenth century. The Trump government said men were affiliated with the Venezuelan gang Tren from Aragua.
The case arrives at the Superior Court days after Supreme Court President John Roberts made a rare rebuke of Trump’s suggestion that Bomberg was accused by the way he dealt with the case.
“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreements about a court decision,” Roberts said in a statement issued by the Supreme Court. “The normal appeal review process exists for this purpose.”
Who sued and why
Five Venezuelans still in the country that are detained by the internal security department have sued the government, challenging its use of the law.
Bomberg, appointed to the court by President Barack Obama, has temporarily blocked the government of any other deportations under the act while he considers the case – either against the five who sued, or anyone else in their situation.
Notably, Bomberg’s decision did not prevent the government from deporting these same people under other laws, nor prevented the government from seizing immigrants under the law.
Even so, Trump appealed quickly.
The Court of Appeals ruled 2-1 on Wednesday that Bomberg’s decisions blocking the use of Trump’s comprehensive war authority can remain in force while the legal challenge unfolds.
This content was originally published in Trump administration asks Supreme Court unlocking Venezuelans deportations on the CNN Brazil website.
Source: CNN Brasil
Bruce Belcher is a seasoned author with over 5 years of experience in world news. He writes for online news websites and provides in-depth analysis on the world stock market. Bruce is known for his insightful perspectives and commitment to keeping the public informed.
