White House Challenges Ruling: The Future of Salvadoran Flights in Limbo

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White House resists a federal judge’s injunction to halt deportation of Salvadoran nationals, invoking a centuries-old act originally meant for wartime use.

Key Takeaways

  • Federal judge attempts to block deportations of Salvadoran nationals.
  • The White House deems the judge’s order unlawful as flights had already commenced.
  • Alien Enemies Act of 1798 used to justify deportation of individuals deemed threats.
  • White House challenges judge’s authority to stop deportation flights.
  • Salvadoran President Nayib Bukele agrees to receive deportees.

White House Stands Firm Against Judicial Ruling

The Trump administration executed a controversial act by proceeding with the deportation of Salvadoran nationals despite a federal judge’s order to halt these flights. On the basis of the Alien Enemies Act of 1798, hundreds of undocumented immigrants, including alleged gang members, were deported. This act, invoked during tense historical circumstances, now finds itself at the center of legal combat. The administration criticized the court’s decision, arguing that the order was issued without standing and was too late.

Judge James E. Boasberg’s resolution came during ongoing flights, prompting the administration to dismiss the court order. U.S. District Judge Boasberg, questioning the basis of the deportations, faced the argument that his injunction lacked applicability with flights already beyond U.S. jurisdiction. The deported Salvadorans were soon placed in El Salvador’s CECOT facility, highlighting the international dimension of the incident.

Historical Use of the Alien Enemies Act

The application of the Alien Enemies Act is unusual, primarily reserved for periods of declared war. Historically, it had been employed during the War of 1812 and both World Wars, emphasizing the unusual recourse to it in peacetime. The administration views this invocation as strengthening the president’s powers, especially concerning national security and immigration law enforcement, though critics argue this undermines judicial authority.

“The administration did not ‘refuse to comply’ with a court order. The order, which had no lawful basis, was issued after terrorist TdA aliens had already been removed from U.S. territory,” stated White House press secretary Karoline Leavitt.

The deportation escalated concerns over the potential breach of constitutional checks and balances. Key legal discussions center on whether the administration defied judicial power in a move commentators see as a significant constitutional confrontation.

El Salvador’s Response and International Dynamics

Interestingly, Salvadoran President Nayib Bukele displayed a semblance of approval, mockingly jibing at the timing of the judge’s order: “Oopsie… too late.” Even amid international tension, Salvadoran authorities welcomed the deported individuals, citing agreed terms with the U.S. administration to handle these cases. This collaboration underscores Salvadoran willingness to tackle crime amidst deeply intertwined diplomatic relations.

The move continues to spark legal debates, with the Department of Justice seeking to potentially extend deportation measures. Whether the appeals will paint a different procedural future or uphold the current status hinges heavily on forthcoming court rulings against what some perceive as executive overreach.

Sources:

  1. Trump administration deports hundreds of immigrants even as a judge orders their removals be stopped
  2. Exclusive: How the White House ignored a judge’s order to turn back deportation flights
  3. White House blasts judge for attempting to halt deportation flights to El Salvador: ‘No lawful basis’