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🚨🚨 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

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

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.

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"

#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

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."

#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.

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

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.”

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.

#Trump admin argues that relief can only be sought by #HabeasCorpus.

Judge asks why not #DueProcess? If individual’s argument is that they should not be subject to #AEA then habeas is not the correct path. The individuals are being removed not detained. They aren’t even arguing against their detention, they’re objecting to their removal to an #ElSalvador prison. Without process they aren’t being given opportunity to defend their removal subject to the AEA.

Judge: Your argument is that this is an intrusion on presidential powers. But removing individuals without process, without giving them the opportunity to say they aren’t members of the TdA is a misreading of the #law, the #AlienEnemiesAct. And that is subject to judicial review. The president has to follow the constitution & laws just like everybody else.

Plaintiffs atty now up. Lee Gelernt from the ACLU.

Plans to address courts do have the power of judicial review.

First wants to clarify that the district court is not ordering the individuals be returned from the El Salvador prison.

The govt saying that people have ability to seek relief through #habeas is illusory.

If you’re not seeking release it doesn’t have to be a habeas claim.

Reminder #Boasberg’s order is a TEMPORARY Restraining Order, to halt removals under the #AEA until he has time to find the facts, consider #law & its implementation.

The multiple emergency hearings over the last week have been regarding the #Trump admin’s refusal to obey the order.

Most of Gelernt’s time was spent discussing whether habeas claims should have been filed in TX bc the 5 named plaintiffs are currently held there.

1. This is a class action suit. The 5 named plaintiffs stand in for numerous others. Gelernt said because the govt is refusing to share info, it’s impossible to know where any of them are so he would have to file in every state.

2. Habeas’ core relief is release. Release is not being sought in *this* case. Enjoining removal to a foreign country is.

Fenix🔥 Resistance Starts NOW

@Nonilex They’re trying to get this case moved to Republican hack in Texas