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Judge blocked Trump from deporting violent Venezuelan gangs

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SUMMARY

The forum discussion centers on a federal judge's ruling that blocked the Trump administration from deporting members of the Venezuelan gang Tren de Aragua, citing legal concerns regarding the invocation of a 1798 law. Judge James Boasberg raised questions about the legality of using this law, which has rarely been applied in U.S. history, to classify the gang as a foreign government. The debate highlights tensions between immigration enforcement and civil rights, with participants expressing concerns over due process and the implications of bypassing legal procedures in deportation cases.

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  • Understanding of U.S. immigration law and deportation processes
  • Familiarity with the historical context of the 1798 law and its applications
  • Knowledge of civil rights protections for non-citizens in the U.S.
  • Awareness of the legal principles surrounding habeas corpus
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  • Research the implications of the 1798 law in contemporary legal contexts
  • Examine case studies on the deportation of non-citizens and civil rights issues
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Well the Trump administration has deported 200 of these (non citizen) Venezuelan violent gang members. Overriding some SAP for a judge. A judge who places the so called civil rights of these non citizen - above the safety of the US population. Amazing that this action by the Trump administration, committed to law and order, was ever questioned in the first place. Round them UpIMG_20250317_093702.webp
 
It's the law.

Regardless of whether something seems like a good idea, if it involves breaking or bending the law then it means considering and facing the consequences. In this case, it appears that a "short cut" was taken that would normally be considered illegal, and it was supposedly justified by applying an ancient law that was clearly not intended to be used in that way.

If this was handled in the legal way, it might take longer and require more effort, and it is likely that the end result would have been the same, at least for the majority of the people involved, but the legal process would ensure that the result was authoritative and clearly justified in all cases.

I've not seen any evidence that the "safety" of the nation would have been affected by whether this deportation was handled legally or illegally.
 
so called civil rights

Can you expand on this, and be more specific? Its clear that you don't think the people being deported have civil rights that should allow a judge to review the manner in which their deportation was ordered and effected, but its not clear if you mean they have zero rights to due process, or some rights just not other rights to due process. Its also not clear whether you mean any person in the country illegally or only these ~200 people should not have some or all rights to due process.
 
Well the Trump administration has deported 200 of these (non citizen) Venezuelan violent gang members. Overriding some SAP for a judge. A judge who places the so called civil rights of these non citizen - above the safety of the US population. Amazing that this action by the Trump administration, committed to law and order, was ever questioned in the first place. Round them Up
They were not given any trial and essentially kidnapped and shoved into a plane. Then a disgusting Hollywood propaganda video is shot with them entering the place with the military around you. How can you stand for that? That is fascism and yes, all fascism is bad.
 
This gathering of Venezuelan violent gang members may be just a few steps away from the program that former Philippine President Duerte used against drug dealers and users and he didn't just take names and kick a...
He also had a vigilante group to help.
 
Regardless of whether something seems like a good idea, if it involves breaking or bending the law then it means considering and facing the consequences. In this case, it appears that a "short cut" was taken that would normally be considered illegal, and it was supposedly justified by applying an ancient law that was clearly not intended to be used in that way.
Exactly. Even if it's for a likely just case, to start turning laws inside out is a really, really bad idea: good only for turning them into flexible toilet paper of a sort.

Seen it up close: and by now even the plain meaning of simple words is turned upside down, inside out.
 
It's becoming ridiculous by the day.

Doctor at Brown University deported to Lebanon despite US judge's order​


A Rhode Island doctor who is an assistant professor at Brown University's medical school has been deported to Lebanon even though a judge had issued an order blocking the U.S. visa holder's immediate removal from the country, according to court papers.
The expulsion of Dr. Rasha Alawieh, 34, is set to be the focus of a hearing on Monday before a federal judge in Boston, who on Sunday demanded information on whether U.S. Customs and Border Protection had "willfully" disobeyed his order.


Eggs are now the new hottest smuggled item into the US, even more than drugs​


Smuggling eggs into the U.S.? It might sound like a joke, but it's quickly becoming one of the most surprising consequences of skyrocketing grocery prices. With egg costs soaring due to inflation and avian flu outbreaks, border patrol agents are seeing an unexpected surge in attempts to sneak eggs across from Mexico and Canada.

 
This gathering of Venezuelan violent gang members may be just a few steps away from the program that former Philippine President Duerte used against drug dealers and users and he didn't just take names and kick a...
He also had a vigilante group to help.
Is there any evidence that the deportees were actually gang members, or was it just another lie from the Trump administration to try justify its illegal actions?
 
Is there any evidence that the deportees were actually gang members, or was it just another lie from the Trump administration to try justify its illegal actions?
I don't know, but I'd say that's missing the point. The bit about "gang members" has nothing to do with the relevant law, and is clearly intended to mislead. The point is that deportation, for whatever reason, is supposed to follow a legal process which was deliberately bypassed in this case.
 
The point is that deportation, for whatever reason, is supposed to follow a legal process which was deliberately bypassed in this case.

As in my example where "Venezuela" was "Lebanon" and the "gang" was a "doctor". Same thing without that connotation of bad guys.

Once laws are bent, a regime is no longer legitimated.
 
I don't know, but I'd say that's missing the point. The bit about "gang members" has nothing to do with the relevant law, and is clearly intended to mislead. The point is that deportation, for whatever reason, is supposed to follow a legal process which was deliberately bypassed in this case.
My intent was to point out to @morrobay and perhaps @gleem that they uncritically accepted the President's claim, which is very likely a lie.
 
I'm afraid, America, but you already have a fascism problem:

Justice Department defends deportation flights, telling judge that his oral order "is not enforceable"

The Justice Department made an extraordinary argument to a federal judge today that an oral order he issued during a court hearing Saturday afternoon “is not enforceable.”

The Trump administration is defending itself against accusations that it violated an order to hold off on carrying out deportations of some migrants whom the US has accused of being affiliated with the Venezuelan gang Tren de Aragua.

The argument — submitted in a 6-page filing to US District Judge James Boasberg shortly before a hearing on the issue is set to get underway later today — argued that “an oral directive is not enforceable as an injunction.”

“Written orders are crucial because they clarify the bounds of permissible conduct,” Department of Justice attorneys told Boasberg, an appointee of former President Barack Obama and the current chief judge of the federal trial-level court in Washington, DC.

 
The argument may be weak as some legal correspondents have stated. But arguing points of law in a courtroom is how the legal system sorts itself out in a state governed by the so-called 'rule of law'. Presenting this argument by the DOJ bears no association with fascism.
 
they uncritically accepted the President's claim

Trump is arguing that the gang at large (Tren de Agua) is engaging in wartime activities against the US. See the Al Jazeera summary at the end of my post for reference. If this legal argument is found valid by US courts, then the deportations are legal according to US law, perhaps (I am not sure on this point and its probably also something the courts would need to determine) even if the individuals deported are not actual members of Tren de Aqua. I will claim without a reference that the Japanese Americans interred during WWII were not members of any specific organization, they were just decedents of a country deemed (by all) at war with the US. These (heinous) detentions were legal per US law and that law has not changed.

This is already being litigated - its the gist of the legal question the judge ordered the stay of deportation to assess (can Trump make such a claim and apply that law). I think whether or not these people are members of Tren de Aqua is not nearly the most important thing in play here. If Trump is able to get judicial blessing for deporting people he associates with some group that he considers conducting warfare against the US, then this law enables the Federal government to fully suspend Habeus Corpus even with respect to US citizens. There is a lot at stake in this particular case. Suspending Habeus Corpus means making arrests without needing to show due cause. (Google search will confirm).

I am not all ok with the Trump administation ignoring due process in this case and really worried about the implications it has to our democracy. That said, I'd be very surprised if there is not reason to believe many or all of the deportees are associated with Tren de Aqua. It would be very ill-considered of the Trump administration to make that a reason ('they obviously aren't even gang members for goodness sake') this blatant play for power gets hung up in the courts, and in this term, as far as power-grab tactics are going, imo they have their ducks in an unfoturnately straight row. Perhaps they are hoping the opposition will focus on whether the deportees are gang members or not since this is much easier to digest and discuss than the more significant danger behind the whole pending legal decision.

 
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@Grinkle My point also.
This case is noy about fascism per say, but rather does the legal branch of government stand on equal footing to the executive. The legislative branch seems to have given up some of their responsibility to the DOGE and Trump crew, all in the name of 'stupidity' and postering from both sides. This can have future implications based on precedence. Very short sited.

Neat question. Why not release the detainees to ICE, and since they, the detainees, reportedly are absent documentation of immigration status, ICE should be able to export them without an immigration hearing with ease, as they have been doing for many years since 2003.
 
Presenting this argument by the DOJ bears no association with fascism.

The fact that the regime willingly ignores the judiciary and justifies it does indeed allow this association because this method could be observed in all fascistic regimes so far. It is nothing less than abolishing one of the three fundamental powers. The executive is already affected, i.e. laid off. The judiciary is apparently next. I'm waiting for the legislative power. However, given the current state of GOP it is already out of order. If these three offenses against the Constitution don't justify my association, then I don't know what it does. I fear, being pc won't help.
 
ICE should be able to export them without an immigration hearing with ease

Why not indeed.

It makes sense if one thinks the goal of this entire exercise is to put before the courts a case to decide if the Executive branch can unilaterally invoke the Alien Enemies Act.

Quietly following due process would probably have resulted in deportation, but not the desired court case.
 
The legislative branch seems to have given up some of their responsibility to the DOGE and Trump crew

Its my own view that the US congress has become increasingly ineffective since the Republican Tea Party movement circa 2009. This congress does seem to be a few notches worse/lamer than the two Biden dealt with, even considering the Speaker debacle instigated by Gaetz, but imo not much beyond the subjective trend line.
 

Let's summarize:

Judiciary: simply ignored
Executive: laid off and defunded
Legislative power: = GOP, disabled itself

How would you call such a system? Definitely not democratic.

And still 1517 days left.
 
The fact that the regime willingly ignores the judiciary and justifies it does indeed allow this association because this method could be observed in all fascistic regimes so far. It is nothing less than abolishing one of the three fundamental powers. The executive is already affected, i.e. laid off. The judiciary is apparently next. I'm waiting for the legislative power. However, given the current state of GOP it is already out of order. If these three offenses against the Constitution don't justify my association, then I don't know what it does. I fear, being pc won't help.
If the thread was on the ways and means to fascism then that is indeed insightful.
But it is not about fascism.
It is about the legalities of the deportation, which has nothing to do with fascism.
-----------------
And still 1517 days left.
Like a kidney stone, that too shall pass.
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A thread on who or what is on the fastrack production of the most unheaval of the status quo, either the quick and endless executive orders, some of them justified, some not, the lack of civility, crude diplomacy, etc, etc.
I opened a thread on the press secretary performance, but no one has gone there except Greg. Facism can be combatted there as she sums up some of the silly stuff in a silly way.

Letting DOGE run amok in my opinion is a true an utter failure, a dereliction of duty from many quarters. The only meaningful pushback seems to have come from within by Rubio defending his dept.
The oath to the constitution was a process of being sworn in. Did any of the DOGE people take this oath, since they are acting as an arm of the government? but in secretive fashion. Are all of these individuals to be trusted with access to SS, for example, and the temptation of funds.

The road to facsism that this story does bring out is in the first new item, opening paragraph.
1.First, the judge who issued this ruling is insane. <-- attempt to crucify you opponents. As if Boasberg doesn't know immigration law.
2.A Republican congressman even declared that impeachment articles will be filed against Judge James Boasberg <-- intimidate your opponent. The congressman in question is blatantly ignorant that this alone diminishes the amount of 'power' his position holds, his own self worth, and thus questions his own dignity and sanity, showing his/her inability to think clearly rather than as a puppet .
 
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