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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 Officials Say Deportees Were Gang Members. So Far, Few Details.

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      Families and immigration lawyers argue not all of the deportees sent to a prison in El Salvador over the weekend had ties to gangs.In the days since the federal government sent hundreds of Venezuelan immigrants to a prison in El Salvador, Washington has been debating whether the White House did indeed defy a federal judge who ordered the deportation flights to turn around and head back to the United States.But beyond the Trump administration’s evident animus for the judge and the court, more basic questions remain unsettled and largely unanswered: Were the men who were expelled to El Salvador in fact all gang members, as the United States asserts, and how did the authorities make that determination about each of the roughly 200 people who were spirited out of the country even as a federal judge was weighing their fate?The Trump White House has said that most of the immigrants deported were members of the Venezuelan gang Tren de Aragua, which, like many transnational criminal organizations, has a presence in the United States. Amid the record numbers of migrants arriving at the southern border in recent years, the gang’s presence in some American cities became a rallying cry for Donald J. Trump as he campaigned to return to the White House, claiming immigrants were invading the country.After Mr. Trump returned to power in January, Tren de Aragua remained a regular talking point for him and his immigration advisers, and the deportation flights last week were the administration’s most significant move yet to make good on its promise to go after the gang. But officials have disclosed little about how the men were identified as gang members and what due process, if any, they were accorded before being placed on flights to El Salvador, where the authoritarian government, allied with Mr. Trump, has agreed to hold the prisoners in exchange for a multimillion-dollar payment.The Justice Department refused to answer basic inquiries on Monday about the deportations from the federal judge in Washington, D.C., who had ordered the deportation flight to return to the United States. On Tuesday afternoon, he ordered the Justice Department to submit a sealed filing by noon on Wednesday detailing the times at which the planes had taken off, left American airspace and ultimately landed in El Salvador.More than half of the immigrants deported over the weekend were removed using an obscure authority known as the Alien Enemies Act of 1798, which the Trump administration says it has invoked to deport suspected Venezuelan gang members age 14 or older with little to no due process. The rarely invoked law grants the president broad authority to remove from the United States citizens of foreign countries whom he defines as “alien enemies,” in cases of war or invasion.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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      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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      Mixed Messages on Masculinity

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      More from our inbox:Path of DisruptionA Constitutional TestA New World OrderTo the Editor:Re “Republicans Really Do Care More About Masculinity,” by Michael Tesler, John Sides and Colette Marcellin (Opinion guest essay, March 3):Without disparaging women in any way, it is essential that we appreciate the importance of male energy. When young men’s energies are channeled successfully, they launch into vital and honorable actions — fighting our wars, building nations, creating industries, taking responsibility for families and communities, generating new ideas. When those energies are left to stagnate, they find their way into criminality, meanness and self-destruction.An ideal incubator for those energies would be a period of national service, military or civilian, attending to the needs of the community and the country. This would provide opportunities that young men need in order to realize the potential of their intense energy: opportunities for practical training, for purposeful work, for leadership and camaraderie, for pride and self-worth.A national service program could provide hands for millions of tasks that our society needs done. And it could bring people together from all regions and backgrounds, to foster unity across our nation’s great diversity. It would be a great way to cultivate the immense resource of male energy.Ron MeyersNew YorkTo the Editor:Masculinity has its virtues, but its avatar these days is not Donald Trump or Vladimir Putin. It is the Ukrainian president, Volodymyr Zelensky.Admirable men control their emotions when the occasion demands self-control. They keep their promises, even when it’s not in their self-interest to do so. They stand up for themselves when treated with disrespect, even if they might suffer consequences. They put their lives and honor on the line to care for those who are weaker and more vulnerable.We saw President Zelensky do all of these in the recent contentious White House meeting with Mr. Trump and Vice President JD Vance. The Ukrainian president is a man of honor. In contrast, Mr. Trump displayed all the vices that traditional masculinity is prone to: bullying, childish loss of self-control, a weak reliance on others (Elon Musk’s money, Mr. Vance’s co-bullying) to prop themselves up.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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      The Democratic Divide: Would a Shutdown Have Helped or Hurt Trump?

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      When Senator Chuck Schumer, Democrat of New York and the minority leader, announced that he would vote with Republicans to clear the way for passage of a stopgap spending bill, he argued that a government shutdown would further empower President Trump and Elon Musk to defund government programs and shrink federal agencies.“Under a shutdown, the Trump administration would have full authority to deem whole agencies, programs and personnel nonessential, furloughing staff with no promise that they would ever be rehired,” Mr. Schumer said on Thursday.But many Democrats, who were stunned and enraged by Mr. Schumer’s stance, argued that it was in fact the spending extension that would clear the way for Mr. Trump’s executive orders and Mr. Musk’s Department of Government Efficiency to continue to reshape the government, running roughshod over Congress in the process.Behind the political divide over how best to push back against Mr. Trump was a practical question: Does the White House have more power or less when the government shuts down?It’s a complicated subject. Here’s what to know:What happens in a government shutdown?When the government shuts down, agencies continue essential work, but federal employees and contractors are not paid. Many employees are furloughed until Congress acts to extend new funding.Federal agencies typically make contingency plans that lay out who should keep working and what programs need to operate during a shutdown. But spending experts said the decisions about what is deemed “necessary” or “essential” ultimately rest with the White House Office of Management and Budget, currently run by Russell T. Vought.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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      Chuck Schumer: Trump and Musk Would Love a Shutdown. We Must Not Give Them One.

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      Over the past two months, the United States has confronted a bitter truth: The federal government has been taken over by a nihilist.President Trump has taken a blowtorch to our country and wielded chaos like a weapon. Most Republicans in Congress, meanwhile, have caved to his every whim. The Grand Old Party has devolved into a crowd of Trump sycophants and MAGA radicals who seem to want to burn everything to the ground.Now, Republicans’ nihilism has brought us to a new brink of disaster: Unless Congress acts, the federal government will shut down Friday at midnight.As I have said many times, there are no winners in a government shutdown. But there are certainly victims: the most vulnerable Americans, those who rely on federal programs to feed their families, get medical care and stay financially afloat. Communities that depend on government services to function will suffer.This week Democrats offered a way out: Fund the government for another month to give appropriators more time to do their jobs. Republicans rejected this proposal.Why? Because Mr. Trump doesn’t want the appropriators to do their job. He wants full control over government spending.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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      Several Lawsuits Target the Lack of Transparency in Elon Musk’s DOGE

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      The lack of transparency surrounding the so-called Department of Government Efficiency is emerging as a target in the courts.Elon Musk likes to talk about transparency. But a major story my colleagues published today shows how he baked secrecy into his Department of Government Efficiency from the start.When devising a plan to overhaul the federal bureaucracy, Musk and his advisers deliberately designed an organizational structure that they thought would be outside the purview of federal public records laws, my colleagues wrote:The operation would take over the U.S. Digital Service, which had been housed within the Office of Management and Budget, and would become a stand-alone entity in the executive office of the president. Mr. Musk would not be named the DOGE administrator, but rather an adviser to Mr. Trump in the White House.White House advisers, unlike employees at other departments in the executive branch, are covered under executive privilege and typically do not have to disclose their emails or records immediately.Now that secrecy is emerging as a key legal target in the courts.Several lawsuits filed in recent weeks are pushing the administration to be more transparent about Musk’s and his initiative’s activities. They argue that the administration is violating the nation’s public records laws, and in some cases they are essentially asking judges to determine that the department is an agency that’s subject to those laws.“These lawsuits are essentially saying you can’t have an agency that’s this powerful, that’s making these enormous decisions, that’s also entirely secret and cut off from the public,” said Jonathan Shaub, a law professor at the University of Kentucky who advised President Biden on matters of executive privilege.That privilege is vast, and entities like the National Security Council have successfully drawn protections from it by arguing that their officials simply advise the president, who makes the final decisions. Some legal experts think that could be a harder case to make about the Department of Government Efficiency.It could all turn on the question of how much power Musk really has — an issue that came up in a hearing in another lawsuit in Washington today — and what his department really is.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