Xinis, Paula

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    Federal Courts Buck Trump Deportation Schemes, Focusing on Due Process Rights

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    The Trump administration’s aggressive push to deport migrants has run up against resistance from the judiciary.If there has been a common theme in the federal courts’ response to the fallout from President Trump’s aggressive deportation policies, it is that the White House cannot rush headlong into expelling people by sidestepping the fundamental principle of due process.In case after case, a legal bottom line is emerging: Immigrants should at least be given the opportunity to challenge their deportations, especially as Trump officials have claimed novel and extraordinary powers to remove them.The latest and clearest expression of that view came on Friday evening, when the Supreme Court chided the Trump administration for seeking to provide only a day’s warning to a group of Venezuelan immigrants in Texas it had been trying to deport under the expansive powers of an 18th-century wartime law.“Notice roughly 24 hours before removal, devoid of information about how to exercise due process rights to contest that removal,” the justices wrote, “surely does not pass muster.”While many questions remain to be answered about Mr. Trump’s deportation plans, many legal scholars have hailed courts’ support of due process. At the same time, they have also expressed concern that such support was needed in the first place.“It’s great that courts are standing up for one of the most basic principles that underlie our constitutional order — that ‘persons’ (not ‘citizens’) are entitled to due process before being deprived of life, liberty, or property,” Michael Klarman, a professor at Harvard Law School, wrote in an email. “It would be even better if the administration would simply cease violating such principles.”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 Blames Boasberg for Escalating Tensions Between Courts and White House

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      After attacking judges and repeatedly sidestepping their orders, the Trump administration has accused a federal judge in Washington of escalating tensions between the judicial and executive branches by seeking to hold the White House accountable for its courtroom behavior.The accusation against the judge, James E. Boasberg, came in a court filing early Friday morning by the Justice Department. In it, department lawyers asked the federal appeals court that sits over Judge Boasberg to prevent him from opening an expansive contempt inquiry into whether the White House violated an order he issued in March to stop flights of Venezuelan migrants from being sent to El Salvador under the authority of a powerful wartime statute.Much of the filing to the U.S. Court of Appeals for the District of Columbia read like a normal legal brief, laying out the government’s challenge to a judicial order it did not like. But in its opening line, department lawyers made clear that they believed Judge Boasberg’s recent threat to open criminal contempt proceedings in the deportation case represented another salvo in an increasingly bitter battle between the White House and the courts.“‘Occasions for constitutional confrontation between the two branches should be avoided whenever possible,’” the department lawyers wrote, failing to mention their own role in fostering such confrontations. “The district court’s criminal contempt order instead escalates the constitutional stakes by infringing core executive prerogatives.”The Justice Department’s attempt to blame Judge Boasberg for raising the temperature came as another federal judge, in another deportation case, has opened her own high-stakes inquiry into whether the administration has violated court orders.In that case, Judge Paula Xinis announced on Tuesday in Federal District Court in Maryland that the administration in the next two weeks would have to answer questions about why it had so far apparently failed to comply with directions from the Supreme Court to “facilitate” the release of a Maryland man, Kilmar Armando Abrego Garcia, from the same Salvadoran prison to which the Venezuelan migrants had been sent.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 renew opposition to ruling on Maryland man wrongly deported to El Salvador

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      The Trump administration on Sunday evening doubled down on its assertion that a federal judge cannot force it to bring back to the United States a Maryland man who was unlawfully deported to a notorious prison in El Salvador last month.In a brief legal filing, the Justice Department reiterated its view that courts lack the ability to dictate steps that the White House should take in seeking to return the man, Kilmar Armando Abrego Garcia, to U.S. soil, because the president alone has broad powers to handle foreign policy.“The federal courts have no authority to direct the executive branch to conduct foreign relations in a particular way, or engage with a foreign sovereign in a given manner,” lawyers for the department wrote. “That is the ‘exclusive power of the president as the sole organ of the federal government in the field of international relations.’”The position taken by Trump officials was not the first time they had tried to defy efforts compelling them to seek Mr. Abrego Garcia’s return from El Salvador. Still, their continued recalcitrance meant that Mr. Abrego Garcia, a 29-year-old father of three, would for now remain at the CECOT prison in El Salvador, where he was sent with scores of other migrants on March 15.The administration’s stubbornness was also likely to heighten tensions between the White House and the judge overseeing the case, Paula Xinis. Judge Xinis has scheduled a hearing to discuss next steps in the matter on Tuesday in Federal District Court in Maryland.The conflict has persisted even though the Supreme Court last week unanimously ordered the administration to “facilitate” Mr. Abrego Garcia’s release from Salvadoran custody. Trump officials have in fact already admitted that they made an “administrative error” when they put Mr. Abrego Garcia on the plane to El Salvador in the first place.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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      U.S. ‘Continues to Delay, Obfuscate and Flout’ Courts in Return of Deported Man, Lawyers Say

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      Lawyers for a Maryland man who was unlawfully deported to a prison in El Salvador assailed the Trump administration on Friday for trying to delay its explanation for how it plans to bring him back, calling the move a “stunning display of arrogance and cruelty.”“The government continues to delay, obfuscate and flout court orders, while a man’s life and safety is at risk,” the lawyers wrote in court papers filed in the case.On Thursday evening, the Supreme Court unanimously ruled that Trump officials needed to “facilitate” the return to the United States of Kilmar Armando Abrego Garcia, a 29-year-old Salvadoran migrant who flown from Texas to El Salvador on March 15.The officials have already acknowledged that they made an “administrative error” when they put Mr. Abrego Garcia on the plane despite a previous court order that had expressly prohibited sending him back to his homeland.As part of its ruling, the Supreme Court told the administration that it should be prepared to “share what it can concerning the steps it has taken” to get Mr. Abrego Garcia back on U.S. soil as well as “the prospect of further steps” it intends to take.Echoing the justices’ demand, Judge Paula Xinis, who is handling the case in Federal District Court in Maryland, told the Justice Department to submit to her by 9:30 a.m. on Friday a written declaration of what the administration had already done and what it planned to do in its efforts to retrieve Mr. Abrego Garcia from El Salvador. Judge Xinis also set a hearing for 1 p.m. on Friday to discuss the next steps in the case.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