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Nonilex

🚨🚨 Just released a 37-page ruling from Chief Judge James #Boasberg, denying the #Trump administration request to vacate its TROs preventing the government from enforcing the #AlienEnemiesAct against #Venezuelans.

🚨No one subject to the #AEA can be deported without a hearing.🚨

storage.courtlistener.com/reca

#law#Constitution#immigration
Nonilex

The US Court of Appeals for DC is still hearing #Trump’s appeal & request to remove Judge #Boasberg this afternoon at 1:30PM.

#law#Constitution#immigration
Nonilex

Judge #Boasberg also finds that the Foreign Affairs Reform & Restructuring Act (#FARRA) protections likely remain available to #AlienEnemiesAct removals.

Under FARRA, these plaintiffs could seek #UN Convention Against #Torture (#CAT) protections due to *where* they were being taken — #CECOT has been accused of #HumanRights violations before.

Even assuming arguendo that the Alien Enemies Act provides the President with the power to remove Plaintiffs, it says nothing about the limits on countries to which they can or should be removed. As the Huisha-Huisha court observed, FARRA does: it dictates the process that must occur before individuals may be removed to places where they fear torture.… Since both statutes can be given meaning, the Court must do so, and FARRA protections are likely available to those removed under the Act.
Plaintiffs claim that they never received the opportunity to request protection under CAT from being deported to El Salvador. Instead, they aver that when the Government loaded them on to planes on the morning of March 15, they were not only prevented from claiming CAT protection, but also not informed where they were being taken. See Shealy Decl., 1 10 ("On the plane,... detainees asked the officers where they were being taken. The officers would only say that they didn't know and then laughed."); Carney Decl., 4 12. Without such information, even if they had been given an opportunity to raise a torture claim, they would not have been able to meaningfully do so. As discussed in Section III.C, infra, the evidence at this point shows a likelihood of potential torture should Plaintiffs be removed to El Salvador and incarcerated there. To the extent that Defendants seek to remove Plaintiffs to that destination, CAT could stand as an independent obstacle.
#law#immigration#Trump
Nonilex

Judge #Boasberg terrifyingly describes the #ElSalvador prison #CECOT knowing that:

- The #Trump admin admitted "many of the TdA members ... do not have criminal records”

- Several cases of misidentification have emerged

- The most senior #DOJ ofcls signed a brief saying these detainees would not suffer "irreparable harm"

'highly Likely to face immediate & intentional life-threatening harm [El Salvador] govt has boasted that inmates in CECOT "never leave"; indeed, one expert declarant alleges that she does not know of any CECOT inmate who has been released. In a sample of 131 cases, [it was] found that 115 family members of detainees have not received any info about the whereabouts or wellbeing …rarely allowed to leave their cells, have no regular access to drinking water or adequate food, sleep standing up because of overcrowding & are held in cells where they do not see sunlight for days. "tuberculosis, fungal infections, scabies, severe malnutrition & chronic digestive issues are common." disciplined through beatings & humiliation. One inmate clamed that police beat prison newcomers with batons. When he denied being a gang member, they sent him to a dark basement cell with 320 detainees, where prison guards & other detainees beat him every day. On one occasion, one guard beat him so severely that [he] broke a rib." Three prior deportees from the United States reported being kicked in the face, neck, abdomen, & testicles, with one requiring "an operation for a ruptured pancreas & spleen." Needless to say, the risk of torture, beatings, & even death clearly & unequivocally supports a finding of irreparable harm
#law#Constitution#immigration
Nonilex

#UnitedStates govt affidavit saying: "While it is true that many of the TdA members removed under the AEA do not have criminal records in the United States"

storage.courtlistener.com/reca

DOJ brief signed by #Trump’s AG #PamBondi & the senior leadership at the #DOJ saying, "Plaintiffs have not established irreparable harm."

storage.courtlistener.com/reca

US affidavit saying: "While it is true that many of the TdA members removed under the AEA do not have criminal records in the United States"
DOJ brief signed by AG Pam Bondi & the senior leadership at the DOJ saying, "Plaintiffs have not established irreparable harm."
#law#Constitution#immigration
Nonilex

Judge #Boasberg on how the #Trump admin tried to evade courts:

"[T]he most reasonable inference is that it hustled people onto those planes in the hopes of evading an injunction or perhaps preventing them from requesting the habeas hearing to which the Government now acknowledges they are entitled."

"[T]he most reasonable inference is that it hustled people onto those planes in the hopes of evading an injunction or perhaps preventing them from requesting the habeas hearing to which the Government now acknowledges they are entitled."
#law#Constitution#immigration
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Nonilex

#Trump #DOJ atty starts by arguing #Boasberg’s order infringes on the powers of the Executive Branch.

Judge immediately interrupts by saying it is totally under the judicial powers to review whether individuals qualified under the #AlienEnemiesAct & were denied #DueProcess to prove they were not members of the gang #TdA.

#law
Nonilex

Judge says the problem isn’t with the proclamation but the implementation. If #Trump intends to deport only members of #TdA, the fact that nonmembers are being deported doesn’t align with his proclamation. The Temporary Restraining Order #TRO issued by Judge #Boasberg allows the admin to detain but prohibits removal to another country until the detainees have been given an opportunity to argue that they were not TdA members & therefore were not subject to the #AlienEnemiesAct.
#law #immigration

Nonilex

The #Trump #DOJ atty just told the judge she is incorrectly reading #Ludecke. 🤦🏼‍♀️

Ryan Goodman noted that Judge #Boasberg in his ruling this morning correct interprets Ludecke.

“Chief Judge Boasberg read landmark Supreme Court case of Ludecke the right way!

“Ludecke Court assessed the factual question of whether WWII terminated.

“So too can courts assess Trump ‘invasion’ etc claims.”

The Supreme Court's decision in Ludecke provides the crucial jumping-off point for determining which, if any, predicates to the Alien Enemy Act's use are justiciable.… The Ludecke Court, however, did not say that deciding whether a war had ended was a political question that the judiciary was unempowered to resolve. Instead, it interpreted “declared war," defined its termination based on that construction, and decided as a factual matter whether such termination had occurred.… In light of Ludecke and the political-question doctrine's principles thus far explained, this Court is confident that it can — and therefore must, at the appropriate time — construe the terms “nation," "government," "invasion," and "predatory incursion."
#AlienEnemiesAct#immigration#law
Nonilex

Judge just said “#Nazis got better treatment under the #AEA”

They had hearing boards.

The people #Trump deported had no opportunity to apply for habeas. The planes started leaving 2 hours after Trump’s proclamation was signed.

#law#Constitution#immigration
Fenix🔥 Resistance Starts NOW

@Nonilex Two hours after the proclamation was signed. You don’t round people up, shame their heads, load them on a plane, taxi & takeoff all within 2 hours without prior planning.

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