Trump invokes 18th century law to accelerate deportations, judge him a few hours later

Washington (AP) A federal judge prohibited the Trump administration on Saturday from conducting deportations under radical 18th century law that the president invoked a few hours earlier to accelerate the withdrawal of members of the United States Venezuelan gang.

US District Judge James E. Boasberg said he had to make his order immediately because the government was already driving migrants to be newly expelled under President Donald Trumps Proclamation to incarcerate in Salvador and Honduras. El Salvador has already agreed this week to take up to 300 migrants that the Trump administration has appointed gang members.

I do not think I can wait any longer and I am required to act, said Boasberg in a Saturday evening hearing in a trial brought by aclu and democracy. A short time in their withdrawal does not prejudice the government, he added, noting that they remain in police custody, but ordering that airplanes in the air are returned.

The decision has occurred a few hours after Trump said that the Venezuelan gang Tren of Aragua invades the United States and invoked the Act respecting the extraterrestrial enemies of 1798, a war authority which allows the wider president of the margin of marks on politics and executive action to accelerate mass deportations.

The act has never been used only three times before, all during the wars. Its last application took place during the Second World War, when it was used to incarcerate the Germans and the Italians as well as for the mass internment of Japanese-American civilians.

In a proclamation released just over an hour before Boasberg's audience, Trump argued that Tren of Aragua was actually at war with the United States.

Over the years, the national Venezuelan local authorities have sold control of all the territories on transnational criminal organizations, including ADD, indicates the Trumps Declaration. The result is a hybrid criminal state that perpetuates an invasion and a predatory foray into the United States and which represents a substantial danger for the United States.

The ordinance could allow the administration to deport any migrant which he identifies as a member of the gang without undergoing a regular immigration procedure, and could also delete other protections under criminal law for people targeted by the government.

The gang of Tren de Aragua is from a prison in the country of South America and accompanied an exodus of millions of Venezuelans, the overwhelming majority of which sought better living conditions after the economy of their nations was defeated in the last decade. Trump and his allies transformed the gang in front of the alleged threat posed by immigrants living in the United States illegally and officially appointed a foreign terrorist organization last month.

Authorities in several countries have reported arrests of members of Tren from Aragua, even if the government of Venezuelas claims to have eliminated the criminal organization.

The government said Trump had signed the Order on Friday evening. Immigration lawyers have noticed that the federal government suddenly approached the Venezuelans that they would not have the legal right to expel from the country, and rushed to bring prosecution to block what they thought was a pending proclamation.

Boasberg made an initial order at 9:20 am on Saturday, preventing the Trump administration from the expulsion of five Venezuelans appointed complainants of the pursuit of the aclu who were held by the government and thought they were about to be expelled. The Trump administration called on this order, claiming that the judgment of a presidential act before its announcement would paralyze the executive power.

If the order was authorized to stand, the district courts would have the license to fill practically any urgent national security action just upon receipt of a complaint, the Ministry of Justice wrote in its appeal.

Boasberg then planned the afternoon hearing on the opportunity to extend his order to all people who could be targeted as part of the Trumps Declaration.

Deputy Prosecutor General Drew Ensign argued that the president had broad latitude to identify threats to the country and act under the law of 1798. He noted that the United States Supreme Court authorized President Harry Truman to continue to hold a German citizen in 1948, three years after the end of the Second World War, under the measure.

This would deeply reduce the president's prerogatives, said Ensign about an injunction.

But Lee Genernt of ACLU argued that Trump did not have the power to use the law against a criminal gang rather than a recognized state. Boasberg said the previous one on this issue seemed to be delicate, but that the aclu had a reasonable chance of success on these arguments, and therefore the order was deserved.

Boasberg has interrupted deportations for those detained up to 14 days and has planned a Friday hearing in the case.

The wave of disputes shows the importance of Trumps' declaration, the last stage of the administration to extend the presidential power. Ensign argued that, as part of its reaction to the attack on September 11, 2001, the Congress had given the President the power to delegate the threats of transnational organizations at the level of recognized states. And Genernt warned that the Trump administration could simply issue a new proclamation to use the Act respecting extraterrestrial enemies against another migrant gang, like MS-13, which has long been one of Trump's favorite targets.

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The writer Associated Press Regina Garcia Cano in Caracas, Venezuela, contributed to this report.

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