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Tipsheet

Appeals Court Hands Trump Victory Over Federal Judge Trying to Stop Mass Deportations

AP Photo/Alex Brandon

A federal appeals court has paused a lower court’s order requiring the Trump administration to grant due process to the Venezuelan illegal immigrants it deported to El Salvador earlier this year.

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The ruling is a blow against legal efforts to prevent President Donald Trump from using the Alien Enemies Act to remove illegal immigrants the White House claims are dangerous criminals.

From Fox News

The U.S. Court of Appeals for the District of Columbia Circuit granted the Justice Department’s request for an administrative stay, putting on hold a lower court order handed down last week by U.S. District Judge James Boasberg.

Last Wednesday, Boasberg ruled that the migrants deported solely on the basis of the Alien Enemies Act immigration law did not have prior notice of their removals or the ability to challenge their removals in court, in a violation of due process.

He ordered the Trump administration to provide migrants deported under the law the opportunity to seek habeas relief, and the opportunity to challenge their alleged gang member status that the administration had pointed to as the basis for their removal.

Boasberg had given the Trump administration through Wednesday to submit to the court plans for how it would go about providing habeas relief to the plaintiffs in CECOT, the maximum security prison in El Salvador.

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The administration filed an emergency motion to halt the ruling on Tuesday. The purpose was to get more time to respond to Boasberg’s ruling.

The Justice Department argued that Judge Boasberg lacked jurisdiction in the case and that his order interfered “with the president’s removal of dangerous criminal aliens from the United States.”

Boasberg was one of the first of many to rule against President Trump’s mass deportation efforts. 

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