Saying that the United States was invaded by a Venezuelan gang, President Donald Trump invoked on Saturday The Extraterrestrial Enemies Act of 1798A war authority which allows the wider president the room for maneuver on the policy and action of executives to accelerate the mass deportations of people – potentially pushing its repression promised against immigration in higher gears.
Trump Declaration TargetsTren of Araguamaintaining that it is a hostile force acting at the request of the government of Venezuela. The declaration comes the same day that a federal judge of Washington prevented the administration from deporting five Venezuelans under the planned order, an index of the legal battle is brewing on Trump’s decision. The judge had to consider expanding the expulsion ban just a few minutes after Trump’s afternoon announcement.
“Over the years, the national and local Venezuelan authorities have sold control of all the territories on their transnational criminal organizations, including ADD,” said Trump’s 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 act was used for the last time as part of the internment of Japanese-American civilians during the Second World War and was only used twice in American history, during the First World War and the War of 1812. Trump argued in his declaration that it was justified because he supports the Gang Tren of Aragua, a common discussion point on the campaign trail, has ties on the regime Maduro.
Trump spoke of the use of the act during his presidential campaign, and immigration groups were prepared for this. This led to an unusual Saturday trial, filed even before Trump’s declaration became public. The pursuit of the American Civil Liberties Union and Democracy Forward on behalf of five Venezuelans whose cases suddenly moved to expulsion in recent hours.
James E. Boasberg, chief of the DC circuit, agreed to implement a temporary ban prescription preventing expulsion for 14 days under the law of the five Venezuelans who are already in police custody and thought they were about to be expelled. Boasberg said his order was “to preserve the status quo”. Boasberg has planned an audience later in the afternoon to see if his order should be extended to protect all Venezuelans in the United States.
A few hours later, the Trump administration called on the initial prohibition 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 permit to prohibit any urgent national security action just upon receipt of a complaint,” wrote the Ministry of Justice in its appeal.
He said that the district courts could then issue temporary prohibition orders on actions such as drone strikes, sensitive intelligence operations or terrorist captures. The court “should stop this path on its traces,” said the ministry.
The unusual wave of disputes highlights the controversial act, which could illegally give Trump the great power to deport the people of the country. This could allow it to bypass certain protections of the normal law and immigration law to quickly expel those that his administration supports are members of the gang.
The White House has already appointed Tren of Aragua a terrorist organization and is preparing to move around 300 people which it identifies as gang members in detention in Salvador.
This story was initially presented on Fortune.com
