DOJ says it owes deported Venezuelans no due process, dares courts to intervene
This looks less like justice and more like strategy.
The Trump administration will not comply with a court order requiring due process for hundreds of Venezuelan migrants deported to a maximum-security prison in El Salvador last year, DOJ lawyers said. It sets up a heated clash in court next week in a case that is almost certainly headed back to the Supreme Court.
The status and plight of 252 Venezuelan migrants deported to a Salvadoran prison last March under the 1798 Alien Enemies Act have emerged as one of the defining court fights of Trump’s second term, allowing the administration to test its mettle against the federal courts and the practical limits of judicial authority, on one of Trump’s biggest policy priorities.
It's a fight that has also put U.S. District Judge James Boasberg, who is overseeing the Alien Enemies Act case, squarely in the Trump administration's crosshairs as he attempts to determine what due process protections, if any, the administration is legally obligated to provide and how far the courts can go to enforce them.
A new filing from the Justice Department made clear the administration believes it owes the migrants no additional due process at all. Should the court try to order otherwise, lawyers for the administration said they would promptly seek intervention from higher courts.
SUPREME COURT FREEZES ORDER TO RETURN MAN FROM EL SALVADOR PRISON
In its filing Monday, the Justice Department argued again that the administration is powerless to return the Venezuelan migrants who were summarily deported last year. The department rejected the notion that the U.S. could "facilitate" due process proceedings for the migrants in question as previously ordered by the court, describing the options to do so as either legally impossible or practically unworkable due to national security concerns and the fragile political situation in Venezuela after the U.S. capture of Venezuelan strongman Nicolás Maduro during a raid in Caracas last month.
The DOJ also reiterated its argument that bringing petitioners back to the U.S. would harm "critical" foreign policy negotiations with Venezuela and carry "profound" national security risks, citing the alleged gang member status of the migrants in question. (The alleged gang member status of many of the individuals has been called into question.)
DOJ lawyers also rejected the notion of conducting the proceedings overseas, including at the U.S. embassy in Venezuela, citing the U.S. capture and arrest of Maduro and his wife.
The U.S., they said, lacks custody to conduct the habeas proceedings on foreign soil and doing so would risk "injecting an …
This looks less like justice and more like strategy.
The Trump administration will not comply with a court order requiring due process for hundreds of Venezuelan migrants deported to a maximum-security prison in El Salvador last year, DOJ lawyers said. It sets up a heated clash in court next week in a case that is almost certainly headed back to the Supreme Court.
The status and plight of 252 Venezuelan migrants deported to a Salvadoran prison last March under the 1798 Alien Enemies Act have emerged as one of the defining court fights of Trump’s second term, allowing the administration to test its mettle against the federal courts and the practical limits of judicial authority, on one of Trump’s biggest policy priorities.
It's a fight that has also put U.S. District Judge James Boasberg, who is overseeing the Alien Enemies Act case, squarely in the Trump administration's crosshairs as he attempts to determine what due process protections, if any, the administration is legally obligated to provide and how far the courts can go to enforce them.
A new filing from the Justice Department made clear the administration believes it owes the migrants no additional due process at all. Should the court try to order otherwise, lawyers for the administration said they would promptly seek intervention from higher courts.
SUPREME COURT FREEZES ORDER TO RETURN MAN FROM EL SALVADOR PRISON
In its filing Monday, the Justice Department argued again that the administration is powerless to return the Venezuelan migrants who were summarily deported last year. The department rejected the notion that the U.S. could "facilitate" due process proceedings for the migrants in question as previously ordered by the court, describing the options to do so as either legally impossible or practically unworkable due to national security concerns and the fragile political situation in Venezuela after the U.S. capture of Venezuelan strongman Nicolás Maduro during a raid in Caracas last month.
The DOJ also reiterated its argument that bringing petitioners back to the U.S. would harm "critical" foreign policy negotiations with Venezuela and carry "profound" national security risks, citing the alleged gang member status of the migrants in question. (The alleged gang member status of many of the individuals has been called into question.)
DOJ lawyers also rejected the notion of conducting the proceedings overseas, including at the U.S. embassy in Venezuela, citing the U.S. capture and arrest of Maduro and his wife.
The U.S., they said, lacks custody to conduct the habeas proceedings on foreign soil and doing so would risk "injecting an …
DOJ says it owes deported Venezuelans no due process, dares courts to intervene
This looks less like justice and more like strategy.
The Trump administration will not comply with a court order requiring due process for hundreds of Venezuelan migrants deported to a maximum-security prison in El Salvador last year, DOJ lawyers said. It sets up a heated clash in court next week in a case that is almost certainly headed back to the Supreme Court.
The status and plight of 252 Venezuelan migrants deported to a Salvadoran prison last March under the 1798 Alien Enemies Act have emerged as one of the defining court fights of Trump’s second term, allowing the administration to test its mettle against the federal courts and the practical limits of judicial authority, on one of Trump’s biggest policy priorities.
It's a fight that has also put U.S. District Judge James Boasberg, who is overseeing the Alien Enemies Act case, squarely in the Trump administration's crosshairs as he attempts to determine what due process protections, if any, the administration is legally obligated to provide and how far the courts can go to enforce them.
A new filing from the Justice Department made clear the administration believes it owes the migrants no additional due process at all. Should the court try to order otherwise, lawyers for the administration said they would promptly seek intervention from higher courts.
SUPREME COURT FREEZES ORDER TO RETURN MAN FROM EL SALVADOR PRISON
In its filing Monday, the Justice Department argued again that the administration is powerless to return the Venezuelan migrants who were summarily deported last year. The department rejected the notion that the U.S. could "facilitate" due process proceedings for the migrants in question as previously ordered by the court, describing the options to do so as either legally impossible or practically unworkable due to national security concerns and the fragile political situation in Venezuela after the U.S. capture of Venezuelan strongman Nicolás Maduro during a raid in Caracas last month.
The DOJ also reiterated its argument that bringing petitioners back to the U.S. would harm "critical" foreign policy negotiations with Venezuela and carry "profound" national security risks, citing the alleged gang member status of the migrants in question. (The alleged gang member status of many of the individuals has been called into question.)
DOJ lawyers also rejected the notion of conducting the proceedings overseas, including at the U.S. embassy in Venezuela, citing the U.S. capture and arrest of Maduro and his wife.
The U.S., they said, lacks custody to conduct the habeas proceedings on foreign soil and doing so would risk "injecting an …
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