The Trump government argued on Tuesday night that the deportation of Venezuelans with a law used in times of war did not violate the order of a judge so that the expulsions were interrupted.
James Bomberg, the United States District Judge, ordered the Justice Department to justify why the planes carrying alleged gang members deported to El Salvador on March 15 did not return, despite their order to block such deportations for two weeks.
The government reported that the expulsions were held under the Law of Foreign Enemies of 1798.
In a lawsuit, the Justice Department’s lawyers reiterated a previous position that the flights had left US airspace at the time Bomberg issued a written order at 7:25 pm (local time) and were therefore not required to return.
The magistrate had requested more details about flight time and how many Venezuelans were on board so that he could determine if the government violated the order, but the Justice Department did not provide these details.
The judge gave the Federal Administration the option of invoking the privilege of state secrets, a doctrine that limits the dissemination of confidential information on civil disputes, and justifying its decision to do so.
In legal documents filed on Monday night (24), the Justice Department announced that it would invoke the privilege, stating that the Bomberg inquiry is a judicial exaggeration that violates the authority of the executive branch on diplomatic and national security issues.
“Disclosure of this information could reasonably cause significant damage to US foreign interests,” wrote Secretary of State Marco Rubio in a statement filed with the judge.
The lawyers of Venezuelan immigrants who filed the lawsuit against deportations have until March 31 to respond.
Possible consequences against Trump government
Bomberg warned of the possible consequences if he concludes that the government violated the order, but did not specify what they would be.
After the judge temporarily interrupted the deportations, the US president called for the magistrate’s impeachment.
In response, US Supreme Court President John Roberts has issued a rare statement scolding Donald Trump and stating that appeals, not impeachment, are the proper response to disagreement with court decisions.
Understand the deportations of Venezuelans in the USA
Trump invoked this month the Law of Foreign Enemies to justify the deportation of alleged members of the Venezuelan gang Tren de Aragua without orders for removing immigration judges, as usually required.
Bomberg temporarily suspended these deportations because he said it was unclear whether the gang presence in the United States was an act of war by a foreign nation, as described in the act.
The law of foreign enemies has been used three times in US history, more recently to stop and expel Japanese, German and Italian immigrants during World War II.
The relatives of many of the deported Venezuelan immigrants deny alleged gang ties.
The lawyers of one of these people, a Venezuelan professional soccer player and youthful coach reported that US officials mistakenly identified him as a gang member using a crown tattoo, which would actually reference his favorite team, Real Madrid.
“Nazis received better treatment,” says Judge
On Monday (24), a hearing was held before a panel of three judges from the US Appeals Court for the Columbia District circuit on the government’s attempt to suspend the order of Judge Bomberg.
At the time, Judge Patricia Millett commented that the deported Venezuelans were not entitled to due process to contest the US government’s statement that they were members of the Aragua Tren.
“The Nazis received better treatment under the law of foreign enemies than happened here,” Millett said.
In response, Justice Department lawyer Drew Evil commented: “We certainly dispute the Nazi analogy.”
This content was originally published in Trump government says that deportation of Venezuelans did not violate judge order on CNN Brazil.
Source: CNN Brasil
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