A federal judge has upheld his ruling prohibiting the Trump administration from utilizing a wartime statute to deport a group of Venezuelan immigrants accused of gang affiliation.
In a 37-page order, Judge James E. Boasberg stated that the ruling would remain in effect to allow the immigrants the chance to contest allegations of their membership in the Tren de Aragua gang before the government can deport them under the Alien Enemies Act.
Judge Boasberg emphasized that the Alien Enemies Act requires that individuals affected by its provisions be granted the opportunity for legal review.
The judge, who is the chief judge of the Federal District Court in Washington, initially issued an order on March 15 that temporarily prevented the administration from deporting Venezuelans to a prison in El Salvador without due process.
While Trump and his supporters have accused Judge Boasberg of overreaching, the central issue is whether the administration has adhered to the act's requirements regarding deportations.
The Alien Enemies Act, enacted in 1798, allows the government to remove individuals from a "hostile nation" during wartime. The administration argues that the Venezuelan immigrants are aligned with the Venezuelan government and should be classified as subjects of a hostile nation due to their alleged connection with Tren de Aragua.
Defense attorneys contend that their clients are not gang members and should be allowed to prove their innocence. They argue that while Tren de Aragua poses a threat, it does not constitute a nation-state, and the influx of its members does not qualify as an invasion.
Judge Boasberg refrained from deciding whether Tren de Aragua qualifies as a hostile nation or if the immigrant situation can be deemed an invasion. He maintained his order to provide the Venezuelans an opportunity to challenge their classification under the Alien Enemies Act.
Judge Boasberg noted that summary deportation without giving individuals a chance to contest their status is unlawful.
A federal appeals court in Washington is scheduled to hold a hearing addressing similar issues later today, as the Justice Department seeks to suspend Judge Boasberg's ruling pending further consideration.
Additionally, Judge Boasberg has requested the Justice Department to clarify by Tuesday whether it intends to invoke the state secrets privilege regarding information about two deportation flights to El Salvador.
Currently, the judge is focused on determining the gang affiliation of the Venezuelan immigrants, as the administration has provided limited evidence connecting them to Tren de Aragua. The Justice Department has acknowledged that many of those suspected have no criminal records in the U.S., primarily due to their recent arrival.
Lawyers for the immigrants assert that at least five individuals were deported without due process based on tattoos that immigration agents claimed indicated gang ties. However, they argue that these tattoos were personal in nature, unrelated to criminal affiliation.