A federal judge has blocked President Donald Trump to use a 227 -year law aimed at protecting the United States during the war to carry out mass deportations of Venezuelans.
Trump proclaimed immigrants belonging to the Aragua Train Venezuelan crime gang on Saturday, « ran the irregular war » against the United States and would deport them under the law of 1798 alien enemies.
But the United States District Judge James Boasberg, on Saturday evening, ordered a stop to deportations covered by the proclamation that will last 14 days, according to media reports.
Judge Boasberg told an audience that he had heard planes with the deportees that took off and ordered them to go back, reported the Washington Post.
The law allows the United States during the war and eliminating people who threaten the country’s safety without having to follow the process due. He was last invoked to people of Japanese offspring during World War II.
On Saturday there was little surprise for the proclamation, where Trump declared Aragua train « perpetrate, try and threaten a predatory invasion or raid on the territory of the United States. »
He had promised to use the controversial law of mass deportations during last year’s campaign.
The American Union of Civil Freedoms and other Group rights had already sued it to block it on Saturday before publishing the proclamation.
In an audience, the judge said that the terms « invasion » and « predatory incursion » in the law « actually relate to hostile acts perpetrated by enemy nations, » and the law probably did not offer a good base for Trump’s proclamation, according to the New York Times.
An ACLU attorney had told the New York Times that he believed there were two venezuelan immigrant aircraft in the air on Sunday. The BBC has not verified this report.
The case will now be transferred by the legal system and could go to the Supreme Court.
The proclamation, and the struggle around, should bring together Trump’s supporters, who largely returned him to the White House in his promises to drag illegal immigration and reduce the prices of everyday goods. Since it was opened in January, he has quickly worked to review the United States immigration system.
Rights groups, along with some legal experts, call for unprecedented invocation, noting that the law of alien enemies has been used in the past after the United States officially declared war on other countries. Under the Constitution, only Congress can declare war.
All the Venezuelan citizens of the United States are at least 14 years old, the members of Aragua train and « are not in fact naturalized or permanent legal residents » had to be « captured, braked, secured and eliminated as alien enemies », under Trump’s order.
Trump did not show up in the proclamation of how North -Americans would determine that a person is a member of the violent and transnational band.
Using this law, instead of immigration laws that already give it a « broad authority » to deport members of the gang, Trump should not show that detainees are part of Aragua train, said Katherine Yon Ebright, counselor of the Center for Justice of Brennan in a statement.
« He wants to avoid any need to provide evidence or convince a judge that someone is really a member of the band before deporting them, » he said.
« The only reason to invoke this power is to try to allow the arrests and deportations of Venezuelans based on its ancestry, not in any band activity that could be shown in immigration procedures. »
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