This is an action by the administration of the new President Donald Trump whereby it deported over 250 Venezuelan migrants while completely defying a federal judge’s directive issued at 2 AM to stop the removals. Among those deported were individuals from the Tren de Aragua gang, leading to great public disapproval and litigation. This move was rationalized by Trump’s administration under the Alien Enemies Act of 1798, an old statute allowing the President to order out non-citizens deemed hostile by the government.
The motion made by the White House and federal legal experts, requesting the court to relieve the judge’s orders made against them, alleged that they did not come under judicial authority arguing the judge had overstepped judicial limits. They argued lower courts cannot override the decisions of the executive branch with regard to matters concerning national security and immigration enforcement. The team contended that being the head of the executive branch, the president should do what he considers fit while claiming no judge comes between him and his decision making concerning immigration enforcement.
The deportations have reignited the debates on immigration policies and the balance of power between arms of the government. Growing legal challenges only intensify the tensions between executive authority and judicial scrutiny that this situation has brought to the fore, all against a diffuse and larger backdrop of immigration enforcement in the United States.
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