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ˈdälfən™🐬 💥 🌊

Judge:

~Why was the proclamation… signed in the dark on Friday night or early Saturday morning and people rushed onto planes? Seems to me the only reason to do that is if you know it’s a problem and you want to get them out of the country before a suit’s filed.

wsj.com/politics/policy/judge-

Judge Raises Concerns About Trump's Use of Wartime Powers for Deportations Judge James Boasberg scolds Justice Department as he considers whether to extend a temporary block on removals that has drawn the White House's ire By Jan Wolfe Follow March 21, 2025 at 5:12 pm ET AA Image of Judge James Boasberg WSJ headline, 21 March 2025 at 1745 CST https://www.wsj.com/politics/policy/judge-raises-concerns-about-trumps-use-of-wartime-powers-for-deportations-91539359
Mar 21, 2025, 10:56 PM·Public
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~ Judge Raises Concerns About Trump’s Use of Wartime Powers for Deportations ~

A federal judge said Friday he was troubled by the Trump administration's use of wartime powers to remove alleged Venezuelan gang members from the U.S., as he considers whether to extend a temporary block on mass deportations under that authority. "I agree the policy ramifications of this are incredibly troublesome and problematic and concerning," U.S. District Judge James Boasberg told a lawyer for the American Civil Liberties Union, Lee Gelernt, who represents challengers to the administration's actions. https://www.wsj.com/politics/policy/judge-raises-concerns-about-trumps-use-of-wartime-powers-for-deportations-91539359 Accessed: 21 March 2025 at 1745 CST
Boasberg pressed Justice Department lawyer Drew Ensign about the rollout of the presidential proclamation, signed by President Trump last Friday but made public the next day, which stated that Trump would use a centuries-old wartime law, the Alien Enemies Act, to summarily deport Venezuelans accused of membership in Tren de Aragua, a violent gang. "Why was this proclamation essentially signed in the dark on Friday or Friday night or early Saturday morning and people rushed onto planes?" the judge said. "Seems to me the only reason to do that is if you know it's a problem and you want to get them out of the country before a suit's filed." The case over the deportations has quickly turned into a high-stakes showdown between the judge and the White House. Boasberg is demanding answers from the government about its actions, while the Trump https://www.wsj.com/politics/policy/judge-raises-concerns-about-trumps-use-of-wartime-powers-for-deportations-91539359 Accessed: 21 March 2025 at 1745 CST
The case over the deportations has quickly turned into a high-stakes showdown between the judge and the White House. Boasberg is demanding answers from the government about its actions, while the Trump administration has blasted what it describes as partisan interference into its attempt to crack down on illegal immigration. https://www.wsj.com/politics/policy/judge-raises-concerns-about-trumps-use-of-wartime-powers-for-deportations-91539359 Accessed: 21 March 2025 at 1745 CST
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~ Judge Raises Concerns About Trump’s Use of Wartime Powers for Deportations ~

The American Civil Liberties Union sued to block the president's proclamation, saying Trump was abusing his emergency powers. Over the weekend, Boasberg held a hearing on the request. He quickly issued a restraining order that temporarily blocked the administration from using the Alien Enemies Act proclamation to carry out deportations while he evaluated the merits of the legal case. Two flights took off the same evening as the hearing, ferrying Venezuelan migrants, including alleged gang members, from an immigration detention facility in Texas to El Salvador, where they were transferred to a massive prison facility. https://www.wsj.com/politics/policy/judge-raises-concerns-about-trumps-use-of-wartime-powers-for-deportations-91539359 Accessed: 21 March 2025 at 1745 CST
Justice Department officials have said two planes were already out of American airspace by the time the judge's written order came down. Boasberg has demanded answers from the Justice Department about who was on the deportation flights and what flight path they took. Ensign said he didn't know details of the flights when he attended the hearing. He said he had sought information about the flights from government officials during a break between court sessions, but wasn't given information. During Friday's hearing, Boasberg said he had concerns about the legality of Trump's proclamation. He said the Alien Enemies Act has only been used a few times in the past, when the U.S. was clearly at war with a foreign nation. https://www.wsj.com/politics/policy/judge-raises-concerns-about-trumps-use-of-wartime-powers-for-deportations-91539359 Accessed: 21 March 2025 at 1745 CST
"I agree it's an unprecedented and expanded use of an act that has been used, as we discussed, in the War of 1812, World War I and World War II, when there was no question there was a declaration of war and who the enemy was," the judge said. The administration's actions, he added, were "a long way from the heartland of the act." https://www.wsj.com/politics/policy/judge-raises-concerns-about-trumps-use-of-wartime-powers-for-deportations-91539359 Accessed: 21 March 2025 at 1745 CST
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~ Judge Raises Concerns About Trump’s Use of Wartime Powers for Deportations ~

The Justice Department has said it may invoke the state secrets privilege-a rarely used doctrine that allows the government to withhold information from the court on national security grounds-to avoid releasing further information about the flights. Boasberg was also critical of the Justice Department lawyers defending the administration's actions, saying Friday that briefs submitted by them this week contained "the kind of intemperate and disrespectful language I don't recall ever hearing from the United States." "I often tell my clerks, before they go out into the world, that the most valuable treasure they possess is their reputation and their credibility," Boasberg told Ensign. "I would just ask you to make sure your team retains that lesson." https://www.wsj.com/politics/policy/judge-raises-concerns-about-trumps-use-of-wartime-powers-for-deportations-91539359 Accessed: 21 March 2025 at 1745 CST
Lawyers challenging the Trump administration's actions have alleged in court filings that the government failed to properly adjudicate whether the people they removed were, in fact, Tren de Aragua members, and that some people who weren't affiliated with the gang were swept up in the deportations. Gelernt, the ACLU lawyer, said the deported Venezuelans never had a "meaningful" chance to contest their designation as gang members. The Trump administration has insisted that authorities had evidence to support its deportations. It has lashed out at Boasberg in particular-Trump even called for his impeachment, drawing a rare rebuke from Chief Justice John Roberts. https://www.wsj.com/politics/policy/judge-raises-concerns-about-trumps-use-of-wartime-powers-for-deportations-91539359 Accessed: 21 March 2025 at 1745 CST
The president on Friday reiterated that criticism of Boasberg, who was appointed to the District of Columbia Superior Court by former President George W. Bush before being elevated to the federal bench by former President Barack Obama. "Judge James Boasberg is doing everything in his power to usurp the Power of the Presidency," he wrote in a social-media post. https://www.wsj.com/politics/policy/judge-raises-concerns-about-trumps-use-of-wartime-powers-for-deportations-91539359 Accessed: 21 March 2025 at 1745 CST
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