法官维持对特朗普政府使用《敌侨法》进行驱逐的禁令
Judge Maintains Blocks On Trump Admin's Use Of Alien Enemies Act For Deportations

原始链接: https://www.zerohedge.com/political/judge-maintains-blocks-trump-admins-use-alien-enemies-act-deportations

华盛顿特区联邦法官詹姆斯·博斯伯格驳回了特朗普政府提出的请求,该请求要求取消阻止驱逐据称属于委内瑞拉黑帮“阿拉瓜列车”成员的命令,这些命令是根据《敌侨法》发出的。博斯伯格法官裁定,原告们有权获得个人听证会以确定该法是否适用,并且在法院就其对帮派成员身份的质疑做出裁决之前,不得被驱逐出境。 这一决定是在一次激烈的听证会之后做出的,在听证会上,博斯伯格批评了司法部的“不冷静”言辞,并建议他们维护自身声誉。司法部辩称,博斯伯格法官的命令是对总统权力的冒犯,并抱怨法院要求提供无关紧要的细节。 特朗普呼吁弹劾博斯伯格法官,首席大法官罗伯茨回应称,弹劾并不是对司法裁决表示异议的恰当回应。哥伦比亚特区巡回上诉法院计划就该案进行口头辩论,该案是挑战特朗普政府总统权力的众多案件之一。


原文

Authored by Sam Dorman via The Epoch Times,

A federal judge in Washington has denied the Trump administration’s request to remove two orders blocking the administration’s ability to deport members of a Venezuelan gang under the Alien Enemies Act.

In an opinion on March 24, U.S. District Judge James Boasberg said he had jurisdiction to adjudicate the issue and that the plaintiffs were likely to succeed in their argument that they are entitled to an individualized hearing to determine whether the Alien Enemies Act of 1798 applies to them.

Boasberg also said the plaintiffs who challenged the Trump administration’s action couldn’t be deported until a court had ruled on the merits of their challenge. He noted that they disputed that they were, in fact, members of the Tren de Aragua terrorist group.

Boasberg’s decision follows a contentious hearing on Friday, when he said the administration had used “intemperate” and “disrespectful” language.

At one point, he advised Department of Justice (DOJ) attorney Drew Ensign to ensure that his team at the DOJ retained a lesson about their reputation and credibility being the most valuable treasure they possess. Boasberg and the DOJ have clashed in recent days over the nature of his authority and, in particular, whether an oral order he issued on March 15 was binding.

In filings last week, the DOJ described Boasberg’s orders as “an affront to the President’s broad constitutional and statutory authority to protect the United States from dangerous aliens who pose grave threats to the American people.”

Another filing on March 19 showed the administration suggesting that the case had “devolved into a picayune dispute over the micromanagement of immaterial factfinding.”

“In a series of orders this Court has requested the Government to provide it details about the movements of aircraft outside of the United States and interactions with foreign nations which have no bearing on any legal issue at stake in the case,” it said.

Trump, meanwhile, has called for Boasberg’s impeachment. Chief Justice John Roberts appeared to respond just hours later in a statement last week.

“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision,” Roberts said in a statement provided to The Epoch Times.

On March 24, the District of Columbia U.S. Circuit Court of Appeals is expected to hear oral arguments in the case. It’s just one of many testing presidential authority and making its way through the courts under the Trump administration.

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