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      Trump Deportation Fight Reaches Supreme Court

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      The Trump administration asked the justices to allow it to use a wartime law to continue deportations of Venezuelans with little or no due process.The Trump administration asked the Supreme Court on Friday to allow it to use a rarely invoked wartime law to continue to deport Venezuelans with little to no due process.The emergency application arrived at the court after a federal appeals court kept in place a temporary block on the deportations. In its application to the Supreme Court, lawyers for the administration argued that the matter was too urgent to wait for the case to wind its way through the lower courts.In the government’s application, acting Solicitor General Sarah M. Harris said the case presented “fundamental questions about who decides how to conduct sensitive national-security-related operations in this country.”“The Constitution supplies a clear answer: the president,” Ms. Harris wrote. “The Republic cannot afford a different choice.”The case will offer a major early test for how the nation’s highest court will confront President Trump’s aggressive efforts to deport of millions of migrants and his hostile posture toward the courts. Mr. Trump has called for impeaching a lower-court judge who paused his deportations.The case hinges on the legality of an executive order signed by Mr. Trump that invokes the Alien Enemies Act of 1798. The order uses the law to target people believed to be Venezuelan gang members in the United States.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Judge to Consider Block on Trump’s Use of Wartime Law to Deport Venezuelans

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      A hearing has been set for Friday afternoon to debate whether a federal judge in Washington acted correctly when he temporarily stopped the Trump administration last weekend from summarily deporting scores of Venezuelan immigrants under a powerful but rarely invoked wartime statute.The hearing, scheduled for 2:30 p.m. in Federal District Court in Washington, could also include some discussion about the Justice Department’s repeated recalcitrance in responding to the judge’s demands. He has been requesting information about two deportation flights in particular, which officials say carried members of a Venezuelan street gang, Tren de Aragua, to El Salvador.The judge, James E. Boasberg, scolded the department in a stern order on Thursday for having “evaded its obligations” to provide him with data about the flights. He wants that information as he seeks to determine whether the Trump administration violated his initial instructions to turn the planes around after they left the United States on Saturday evening.Most of the courtroom conversation, however, is likely to concern Judge Boasberg’s underlying decision to stop the White House for now from using the wartime law, known as the Alien Enemies Act, to pursue its immigration agenda. The statute, passed in 1798, gives the government expansive powers during an invasion or a declared war to round up and summarily remove any subjects of a “hostile nation” over the age of 14 as “alien enemies.”Almost from the moment Judge Boasberg entered his provisional decision barring President Trump from using the law, the White House and the Justice Department have accused him of overstepping his authority by improperly inserting himself into the president’s ability to conduct foreign affairs.But Judge Boasberg imposed the order in the first place to give himself time to figure out whether Mr. Trump himself overstepped by stretching or even ignoring several of the statute’s provisions, which place checks on how and when it can be used.The administration has repeatedly claimed, for instance, that members of Tren de Aragua should be considered subjects of a hostile nation because they are closely aligned with the Venezuelan government. The White House, echoing a position that Mr. Trump pushed during his campaign, has also insisted that the arrival to the United States of dozens of members of the gang constitutes an invasion.But lawyers for some of the deported Venezuelans dispute those claims, saying that their clients are not gang members and should have the opportunity to prove it. The lawyers also say that while Tren de Aragua may be a dangerous criminal organization, which was recently designated as a terrorist organization, it is not a nation state.Moreover, they have argued that even if the members of the group have come to the United States en masse, that does not fit the traditional definition of an invasion. More

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      Trump’s Judicial Defiance Is New to the Autocrat Playbook, Experts Say

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      The president’s escalating conflict with federal courts goes beyond what has happened in countries like Hungary and Turkey, where leaders spent years remaking the judiciary.President Trump’s intensifying conflict with the federal courts is unusually aggressive compared with similar disputes in other countries, according to scholars. Unlike leaders who subverted or restructured the courts, Mr. Trump is acting as if judges were already too weak to constrain his power.“Honest to god, I’ve never seen anything like it,” Steven Levitsky, a Harvard political scientist and coauthor of “How Democracies Die” and “Competitive Authoritarianism.”“We look at these comparative cases in the 21st century, like Hungary and Poland and Turkey. And in a lot of respects, this is worse,” he said. “These first two months have been much more aggressively authoritarian than almost any other comparable case I know of democratic backsliding.”There are many examples of autocratic leaders constraining the power of the judiciary by packing courts with compliant judges, or by changing the laws that give them authority, he said. But it is extremely rare for leaders to simply claim the power to disregard or override court orders directly, especially so immediately after taking office.In Turkey, President Recep Tayyip Erdogan has purged thousands of judges from the judiciary as part of a broader effort to consolidate power in his own hands. But that required decades of effort and multiple constitutional changes, Mr. Levitsky said. It only became fully successful after a failed 2016 coup provided a political justification for the purge.In Hungary, Prime Minister Victor Orban packed the constitutional courts with friendly judges and forced hundreds of others into retirement, but did so over a period of years, using constitutional amendments and administrative changes.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Trump Administration Pushes Back Against Judge’s Orders on Deportations

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      The Trump administration has asked a federal judge to dissolve the orders he put in place this weekend barring it from deporting suspected members of a Venezuelan street gang from the country under a rarely invoked wartime statute called the Alien Enemies Act.The Justice Department also doubled down on its efforts to avoid giving the judge, James E. Boasberg, the detailed information he had requested about the deportations, asking the federal appeals court that sits over him to intervene and put the case on hold.Taken together, the twin moves — made in separate sets of court papers filed late on Monday — marked a continuation of the Trump’s administration’s aggressive attempts to push back against Judge Boasberg, the chief judge of the Federal District Court in Washington, who temporarily halted one of President Trump’s signature deportation policies.The Justice Department has now effectively opened up two fronts in the battle: one challenging the underlying orders that paused, for now, the deportation flights and another seeking to avoid disclosing any information about the flights that could indicate they took place after the judge’s orders stopping them were imposed.Mr. Trump attacked Judge Boasberg in a social media post on Tuesday morning, albeit without naming him, as “a troublemaker and agitator,” and called for his impeachment. Mr. Trump’s remarks came days after he declared during a speech at the Justice Department that criticizing judges should be illegal.The late night filings and Mr. Trump’s verbal assault followed a day of extraordinary tension between the Trump administration and Judge Boasberg, both inside and outside the courtroom.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Timeline of Trump’s Deportation Flights, From Alien Enemies Act to Judge’s Order

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      The federal judge’s ruling was clear: The Trump administration could not use an obscure wartime law from the 18th century to deport people without a hearing.If any planes were already in the air, the judge said, they should turn back.That did not happen. Instead, the Trump administration sent more than 200 migrants to El Salvador over the weekend, including alleged gang members, on three planes.A New York Times review of the flight data showed that none of the planes in question landed in El Salvador before the judge’s order, and that one of them did not even leave American soil until after the judge’s written order was posted online. During a Monday court hearing, a Justice Department lawyer argued that the White House had not defied the order by the judge, James E. Boasberg of the Federal District Court in Washington. The lawyer, Abhishek Kambli, argued that the judge’s decision was not complete until it was codified in written form. And — crucial to the government’s explanation — the written version did not include the specific instruction to turn planes around. Mr. Kambli also argued that while the third plane contained deportees, their cases were not covered by the judge’s order. More

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      With Deportations, Trump Steps Closer to Showdown With Judicial Branch

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      The Trump administration moved one large step closer to a constitutional showdown with the judicial branch of government when airplane-loads of Venezuelan detainees deplaned in El Salvador even though a federal judge had ordered that the planes reverse course and return the detainees to the United States.The right-wing president of El Salvador, Nayib Bukele, bragged that the 238 detainees who had been aboard the aircraft were transferred to a Salvadoran “Terrorism Confinement Center,” where they would be held for at least a year.“Oopsie … Too late,” Mr. Bukele wrote in a social media post on Sunday morning that was recirculated by the White House communications director, Steven Cheung.Around the same time, Secretary of State Marco Rubio, in another social media post, thanked Mr. Bukele for a lengthy post detailing the migrants’ incarceration.“This sure looks like contempt of court to me,” said David Super, a law professor at Georgetown University. “You can turn around a plane if you want to.”Some details of the government’s actions remained unclear, including the exact time the planes landed. In a Sunday afternoon filing, the Trump administration said the State Department and Homeland Security Department were “promptly notified” of the judge’s written order when it was posted to the electronic docket at 7:26 p.m. Eastern time on Saturday. The filing implied that the government had a different legal authority for deporting the Venezuelans besides the one blocked by the judge, which could provide a basis for them to remain in El Salvador while the order is appealed.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Trump Sends Hundreds of Venezuelans to El Salvador in Face of Judge’s Order

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      The Trump administration has sent hundreds of Venezuelans accused of being gang members to a prison in El Salvador, pushing the limits of U.S. immigration law seemingly after a federal judge ordered that the deportation flights not proceed.President Nayib Bukele of El Salvador posted a three-minute video on social media on Sunday of men in handcuffs being led off a plane during the night and marched into prison. The video also shows prison officials shaving the prisoners’ heads.“Today, the first 238 members of the Venezuelan criminal organization, Tren de Aragua, arrived in our country,” Mr. Bukele wrote, adding that “The United States will pay a very low fee for them, but a high one for us.”The Trump administration hopes that the unusual prisoner transfer deal — not a swap but an agreement for El Salvador to take suspected gang members — will be the beginning of a larger effort to use the Alien Enemies Act of 1798 to rapidly arrest and deport those it identifies as members of Tren de Aragua without many of the legal processes common in immigration cases.The Alien Enemies Act allows for summary deportations of people from countries at war with the United States. The law, best known for its role in the internment of Japanese Americans during World War II, has been invoked three times in U.S. history — during the War of 1812, World War I and World War II — according to the Brennan Center for Justice, a law and policy organization.On Saturday, Judge James E. Boasberg of Federal District Court in Washington issued a temporary restraining order blocking the government from deporting any immigrants under the law after President Trump issued an executive order invoking it.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Secret Files in Election Case Show How Judges Limited Trump’s Privilege

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      The partly unsealed rulings, orders and transcripts open a window on a momentous battle over grand jury testimony that played out in secret, creating important precedents about executive privilege.Court documents unsealed on Monday shed new light on a legal battle over which of former President Donald J. Trump’s White House aides had to testify before a grand jury in Washington that charged him with plotting to overturn the 2020 election, showing how judges carved out limits on executive privilege.The trove — including motions, judicial orders and transcripts of hearings in Federal District Court in Washington — did not reveal significant new details about Mr. Trump’s efforts to cling to power. But it did open a window on important questions of presidential power and revealed how judges grew frustrated with Mr. Trump’s longstanding strategy of seeking to delay accountability for his attempts to overturn his defeat to Joseph R. Biden Jr.The documents also created important — if not binding — precedents about the scope of executive privilege that could influence criminal investigations in which a current or former president instructs subordinates not to testify before a grand jury based on his constitutional authority to keep certain internal executive branch communications secret.Starting in the summer of 2022, and continuing with the appointment of Jack Smith as special counsel later that year, the Justice Department undertook a wide-ranging and extraordinary effort to compel grand jury testimony from several close aides to Mr. Trump. Prosecutors believed the aides had critical information about the former president’s attempts to overturn the results of the election.The effort, which ended in the spring of the following year, was largely intended to obtain firsthand accounts from key figures who had used claims of executive privilege and other legal protections to avoid testifying to investigators on the House committee that examined the Jan. 6, 2021, attack on the Capitol and the events leading up to it.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More