04 Sep Federal judge blocks Trump deportation orders
Following multiple recent court decisions, several of former President Donald Trump’s deportation policies have been blocked by federal judges
The rulings include blocking the expansion of fast-track deportations, halting the use of a wartime law to deport Venezuelan migrants, and preventing the late-night removal of Guatemalan children.
Expansions of expedited removal blocked
- Expansion of authority: A federal judge temporarily blocked the administration from carrying out speedy deportations of undocumented immigrants throughout the U.S., a significant expansion of the federal “expedited removal” statute. Previously, this authority was limited to those apprehended near the border.
- Protecting due process: In her ruling, U.S. District Judge Jia Cobb questioned the administration’s argument that migrants in the country illegally have no Fifth Amendment due process rights.
- Risk of wrongful deportation: The court also sought to protect “hundreds of thousands of longtime U.S. residents” from wrongful deportation without a court hearing, according to the ACLU, which filed the lawsuit.
Appeals court blocks use of Alien Enemies Act
- Wartime law invocation: A federal appeals court blocked the Trump administration’s attempt to use the 18th-century Alien Enemies Act to deport immigrants accused of belonging to a Venezuelan street gang, the Tren de Aragua.
- Lack of invasion: The Fifth Circuit Court of Appeals ruled that the administration had illegally invoked the law, stating that the situation did not constitute an “invasion” or “predatory incursion” by a foreign power.
- Potential Supreme Court appeal: This marks the first time an appellate court has ruled on this specific issue, and the case is expected to move to the Supreme Court.
Block on deportation of Guatemalan children
- Midnight deportation flights: In a separate case, a federal judge blocked the late-night deportation of hundreds of Guatemalan children over the Labor Day weekend. Some children were already on planes when the emergency order was issued.
- Allegations of circumvention: Lawyers for the National Immigration Law Center alleged that the administration was attempting to bypass legal protections for unaccompanied minors.
- Temporary restraining order: U.S. District Judge Sparkle Sooknanan issued a temporary restraining order, which was later broadened to include all unaccompanied Guatemalan children in federal custody without a final deportation order.
Significance of the rulings
These court actions are the latest challenges to the Trump administration’s efforts to expand and accelerate deportations. They represent significant victories for immigrant rights advocates and highlight ongoing legal battles over the president’s immigration policies. The rulings also underscore federal courts’ willingness to scrutinize the administration’s legal justifications for its immigration enforcement measures.
Note: This is not legal advice
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