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		<title>Trump-appointed judge demands deported man&#8217;s return to US</title>
		<link>https://homesafetytechpros.com/trump-appointed-judge-demands-deported-mans-return-to-us/</link>
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		<pubDate>Wed, 07 May 2025 02:23:33 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump speaks as he signs executive orders in the Oval Office of the White House, Thursday, April 17, 2025, in Washington (AP Photo/Alex Brandon). A federal judge appointed to the bench by President Donald Trump is not budging in his demand that the government “facilitate” a deported Venezuelan man’s return to the United [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/trump-appointed-judge-demands-deported-mans-return-to-us/">Trump-appointed judge demands deported man&#8217;s return to US</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_520516" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-520516" class="size-full wp-image-520516" src="https://am21.mediaite.com/lc/cnt/uploads/2025/04/AP25107753742266-1.jpg" alt="Donald Trump in the Oval Office." width="1200" height="627"/></p>
<p id="caption-attachment-520516" class="wp-caption-text">President Donald Trump speaks as he signs executive orders in the Oval Office of the White House, Thursday, April 17, 2025, in Washington (AP Photo/Alex Brandon).</p>
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<p>A federal judge appointed to the bench by President <a href="https://lawandcrime.com/high-profile/if-that-is-not-irreparable-harm-what-is-irate-judge-finds-trumps-invocation-of-alien-enemies-act-unlawful-and-blasts-admin-for-sending-immigrants-to-notoriously-evil-jail/" target="_blank" rel="noopener">Donald Trump</a> is not budging in his demand that the government “facilitate” a deported Venezuelan man’s return to the United States.</p>
<p>In the case, Daniel Lozano-Camargo, 20, was “wrongfully” deported to El Salvador in violation of a legal settlement agreement that was meant to keep him in the country while his pending asylum claim was litigated with U.S. Citizenship and Immigration Services (USCIS).</p>
<p>Notably, the plaintiff has filed his case under the pseudonym “Cristian,” but <a href="https://www.politico.com/news/2025/05/06/daniel-lozano-camargo-deportation-hearing-00331228" target="_blank" rel="noopener">Politico reported</a> his full identity on Tuesday. Meanwhile, the court itself, in line with a prior order binding the parties, is continuing to use the pseudonym.</p>
<p><a href="https://lawandcrime.com/high-profile/taking-no-action-is-not-facilitation-judge-orders-trump-admin-to-bring-back-2nd-wrongfully-deported-man/" target="_blank" rel="noopener">Last week</a>, U.S. District Judge Stephanie Gallagher, who was appointed by Trump during his first term, cited contract law principles in a <a href="https://www.documentcloud.org/documents/25914411-gallagher-order-cristian-case/" target="_blank" rel="noopener">19-page opinion</a> directing the government to try and get Lozano-Camargo back stateside “so that he can receive the process he was entitled to under the parties’ binding Settlement Agreement.”</p>
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<p>On Monday, the government filed sealed arguments in an attempt to convince the judge to vacate her order. Along with those mysterious legal arguments, the government publicly filed a heavily redacted “<a href="https://www.documentcloud.org/documents/25931627-redacted-indicative-asylum-decision/" target="_blank" rel="noopener">Indicative Asylum Decision</a>.”</p>
<p>The government’s public formal document explains why the Trump administration believes Lozano-Camargo’s underlying asylum claim will fail.</p>
<p>During a hearing on Tuesday, however, the judge said the asylum case is too far removed from the current legal dispute to be dispositive.</p>
<p>“I don’t think that this is a case about whether or not Cristian is going to eventually get asylum,” Gallagher said, according to a courtroom report by Politico. “Whether he ultimately receives asylum is not the issue. The issue is, and has always been, one of process.”</p>
<p>The issue, rather, is a 2024 settlement that limits how people who came to the country as unaccompanied minors can be deported, according to the judge. In Lozano-Camargo’s case, because he came to the U.S. when he was 17, that court-approved agreement means the government must wait until his asylum claim is extinguished.</p>
<p>“It is an axiomatic principle of contract law that when a defendant breaches a contract, that defendant must restore the situation that existed before the breach,” Gallagher wrote. “In the case of Cristian, this requires putting him in the position ‘to ensure that his case is handled as it would have been had he not been improperly sent to El Salvador.’ In other words, under contract law principles, Cristian, and any other Class Member who has been removed in violation of the Settlement Agreement, must be returned to the United States to await adjudication of his asylum application on the merits by USCIS.”</p>
<p>An accompanying April 23 order explains, in relevant part:</p>
<blockquote>
<p>Defendants are hereby ORDERED to facilitate Class Member Cristian’s return to the United States to await the adjudication of his asylum application on the merits by USCIS under the terms of the Settlement Agreement. Facilitation includes, but is not limited to, a good faith request by Defendants to the government of El Salvador to release Cristian to U.S. custody for transport back to the United States.</p>
</blockquote>
<aside class="o-callout__recirculate o-callout"/>
<p>In her <a href="https://www.documentcloud.org/documents/25931626-cristian-order/" target="_blank" rel="noopener">Tuesday order</a>, Gallagher denied outright the government’s motion to vacate the facilitation demand. At the same time, the judge issued a brief stay that will expire on Thursday afternoon — in just over 48 hours — to give the Trump administration time to file an appeal.</p>
<p>The government argued the “indicative” ruling foreclosed the need for Lozano-Camargo to be returned, because he wouldn’t be granted asylum even if he were returned. But the court was not swayed.</p>
<p>“It’s not a substitute for the process that was due,” the judge countered. “Process is important. We don’t skip to the end and say, ‘We all know how this is going to end up….’ My order requires that Cristian be returned to this country to get the process.”</p>
<p>The judge also previewed a possible series of next moves.</p>
<p>If the government is unsuccessful in getting the district court’s order overturned on appeal or stayed by the Fourth Circuit by the time the judge’s 48-hour stay is lifted, Gallagher said she would begin requiring the government to provide updates about the process of returning Lozano-Camargo to the U.S.</p>
<p>This, of course, tracks with the similar case of <a href="https://lawandcrime.com/high-profile/should-not-have-been-removed-15-year-vet-at-justice-department-suspended-after-admitting-trump-wrongly-deported-father-with-protected-legal-status/" target="_blank" rel="noopener noreferrer">admittedly</a> “wrongfully deported” <a href="https://lawandcrime.com/high-profile/pretty-sketchy-looking-judge-takes-doj-lawyer-to-the-woodshed-over-trumps-mass-deportations-and-whether-federal-court-orders-are-being-ignored/" target="_blank" rel="noopener noreferrer">Kilmar Armando Abrego Garcia</a>, a 29-year-old father with protected status who was taken into custody by federal agents and quickly whisked away to CECOT along with Lozano-Camargo — despite court orders that he remain in the U.S. as well.</p>
<p>U.S. District Judge Paula Xinis, overseeing the Abrego Garcia case, has also directed the government to facilitate his return. Additionally, Xinis has instructed the government to provide daily updates about their progress in getting Abrego Garcia back to the country, and <a href="https://lawandcrime.com/high-profile/no-tolerance-for-gamesmanship-judge-reminds-trump-admin-you-lost-at-scotus-in-wrongfully-deported-dad-case-tells-them-to-start-following-orders/" target="_blank" rel="noopener">increasingly found efforts have been lacking</a>.</p>
<p>Gallagher previously referenced the earlier case as instructive.</p>
<p>“[T]his Court is also guided by, and fully agrees with, the definition of ‘facilitate’; espoused by Judge Xinis and the United States Court of Appeals for the Fourth Circuit in Abrego Garcia,” the judge wrote last week. “Standing by and taking no action is not facilitation. In prior cases involving wrongfully removed individuals, courts have ordered, and the government has taken, affirmative steps toward facilitating return.”</p>
<p><em>Chris Perez contributed to this report.</em></p>
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<br /><a href="https://lawandcrime.com/high-profile/we-dont-skip-to-the-end-trump-appointed-judge-doubles-down-on-order-demanding-government-facilitate-return-of-2nd-man-wrongfully-deported-to-el-salvador/">Source link </a></p>
<p>The post <a href="https://homesafetytechpros.com/trump-appointed-judge-demands-deported-mans-return-to-us/">Trump-appointed judge demands deported man&#8217;s return to US</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Colorado judge to rule on Trump&#8217;s controversial deportations</title>
		<link>https://homesafetytechpros.com/colorado-judge-to-rule-on-trumps-controversial-deportations/</link>
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		<pubDate>Tue, 22 Apr 2025 15:25:16 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump at a press conference at the White House in Washington on February 27, 2025 (Yuri Gripas/Abaca/Sipa USA; via AP Images) A federal judge in Colorado this week appeared skeptical of allowing the Trump administration to resume using an 18th-century wartime authority to fast-track the removal of Venezuelan migrants with limited notice and [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/colorado-judge-to-rule-on-trumps-controversial-deportations/">Colorado judge to rule on Trump&#8217;s controversial deportations</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="post-body">
<div id="attachment_511262" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-511262" class="size-full wp-image-511262" src="https://am22.mediaite.com/lc/cnt/uploads/2025/02/asdfadfadasfsadf.jpg" alt="President Donald Trump at a press conference at the White House in Washington on February 27, 2025 (Yuri Gripas/Abaca/Sipa USA; via AP Images)" width="1200" height="627"/></p>
<p id="caption-attachment-511262" class="wp-caption-text">President Donald Trump at a press conference at the White House in Washington on February 27, 2025 (Yuri Gripas/Abaca/Sipa USA; via AP Images)</p>
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<p>A federal judge in <a href="https://lawandcrime.com/tag/colorado/">Colorado</a> this week appeared skeptical of allowing the Trump administration to resume using an 18th-century wartime authority to fast-track the removal of Venezuelan <a href="https://lawandcrime.com/tag/immigration/">migrants</a> with limited notice and minimal, if any, due process.</p>
<p>U.S. District Judge Charlotte N. Sweeney on Monday heard arguments from attorneys representing the Justice Department and immigration rights groups regarding whether she should <a href="https://lawandcrime.com/high-profile/may-never-get-out-of-these-prisons-judge-orders-trump-admin-to-not-remove-venezuelans-after-aclu-says-they-were-persecuted-as-criminals/">renew a temporary restraining order</a> (TRO) preventing the government from <a href="https://lawandcrime.com/high-profile/cannot-be-squared-with-the-facts-on-the-ground-aclu-implores-scotus-to-find-trumps-use-of-alien-enemies-act-unconstitutional/">invoking the Alien Enemies Act of 1798 (AEA)</a> to deport migrants to a notorious work camp in El Salvador.</p>
<p>The hearing came after the U.S. Supreme Court in the early morning hours of Saturday issued an order — <a href="https://lawandcrime.com/high-profile/the-court-does-not-trust-the-trump-administration-legal-experts-take-stock-of-extraordinary-and-massively-significant-scotus-order-barring-summary-deportations/">the first and only Saturday order issued this term</a> — directing the government “not to remove” any immigrant detainees subject to President Donald Trump’s proclamation invoking the AEA in northern Texas.</p>
<p>The Saturday order follows <a href="https://lawandcrime.com/high-profile/an-extraordinary-threat-to-the-rule-of-law-justice-sotomayor-excoriates-inexplicable-decision-to-side-with-trump-admin-in-high-profile-deportation-case/">the justices April 7 order in which they unanimously held</a> that “AEA detainees must receive notice after the date of this order that they are subject to removal” under the AEA “within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.”</p>
<p>In light of the high court’s ruling, an incredulous Sweeney questioned how the government could prevail in the instant case, asking the government’s attorney, “How could I not continue the temporary restraining order?” the Daily Camera <a href="https://www.dailycamera.com/2025/04/21/colorado-alien-enemies-act-deportations-paused-hearing/">reported</a>.</p>
<p>Seeking to have the TRO lifted, the DOJ assured the court that any individuals subject to removal under the act would be given 24 hours to challenge their deportation before a judge, Denver CBS affiliate KCNC <a href="https://www.cbsnews.com/colorado/news/trumps-alien-enemies-act-deportations-face-legal-test-colorado-court/">reported</a>.</p>
<p>Attorneys from the ACLU and the Rocky Mountain Immigrant Advocacy Network, the organizations representing the two unnamed petitioners in the case, pushed back on the administration’s position, asserting that affording migrants only one day to file individual habeas corpus petitions could not possibly comply with the Supreme Court’s directive requiring “reasonable time” for court challenges.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>“The government wants to give as little notice as possible so they can pull people out of the country without a judge reviewing it,” Tim Macdonald, legal director of the ACLU of Colorado, told KCNC following the hearing. “The idea that 24 hours is sufficient for someone who’s detained at the Aurora detention facility, who likely doesn’t speak English, who may not have a high level of education, who doesn’t have a lawyer, who doesn’t have access to a phone — the idea that person can file a, quote, ‘writ of habeas corpus’ in 24 hours is preposterous.”</p>
<p>Macdonald reportedly requested that Sweeney not only prevent his clients from removal under the AEA, he also sought an order barring the deportation of any similarly situated individuals in Colorado. He claimed that of the approximately 1,200 people currently being held at the Immigration and Customs Enforcement (ICE) facility in Aurora, about 85% do not have legal representation.</p>
<p>“They tried to remove people with hours’ notice and ship them out before a court could question that,” Macdonald said during the hearing, <a href="https://www.denver7.com/news/politics/federal-judge-in-colorado-hears-arguments-on-request-to-halt-deportations-under-alien-enemies-act">per</a> Denver ABC affiliate KMGH. “They’re trying to use [the AEA] in a way that is unconstitutional and illegal.”</p>
<p>Before the hearing concluded, Sweeney, a Joe Biden appointee, reportedly said that she planned to issue a formal ruling within 24 hours.</p>
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<br /><a href="https://lawandcrime.com/high-profile/unconstitutional-and-illegal-judge-appears-skeptical-of-letting-trump-resume-deportations-under-18th-century-wartime-authority/">Source link </a></p>
<p>The post <a href="https://homesafetytechpros.com/colorado-judge-to-rule-on-trumps-controversial-deportations/">Colorado judge to rule on Trump&#8217;s controversial deportations</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>ACLU asks SCOTUS to declare Trump&#8217;s AEA invocation illegal</title>
		<link>https://homesafetytechpros.com/aclu-asks-scotus-to-declare-trumps-aea-invocation-illegal/</link>
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		<pubDate>Tue, 22 Apr 2025 07:16:28 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump gestures for members of the press to be escorted out after he signed executive orders in the Oval Office of the White House, Thursday, April 17, 2025, in Washington (AP Photo/Alex Brandon). Attorneys representing several Venezuelan men being detained in Texas have asked the U.S. Supreme Court to once again weigh in [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/aclu-asks-scotus-to-declare-trumps-aea-invocation-illegal/">ACLU asks SCOTUS to declare Trump&#8217;s AEA invocation illegal</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="post-body">
<div id="attachment_520851" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-520851" class="size-full wp-image-520851" src="https://am24.mediaite.com/lc/cnt/uploads/2025/04/euhguqerhque.jpg" alt="President Donald Trump gestures for members of the press to be escorted out after he signed executive orders in the Oval Office of the White House, Thursday, April 17, 2025, in Washington (AP Photo/Alex Brandon)." width="1200" height="627"/></p>
<p id="caption-attachment-520851" class="wp-caption-text">President Donald Trump gestures for members of the press to be escorted out after he signed executive orders in the Oval Office of the White House, Thursday, April 17, 2025, in Washington (AP Photo/Alex Brandon).</p>
</div>
<p>Attorneys representing several Venezuelan men being detained in <a href="https://lawandcrime.com/tag/texas/">Texas</a> have asked the <a href="https://lawandcrime.com/tag/scotus/">U.S. Supreme Court</a> to once again weigh in on the <a href="https://lawandcrime.com/tag/donald-trump/">Trump</a> administration’s unprecedented use of an 18th-century wartime authority to fast-track deportations of accused gang members, claiming that the government has been flouting the court’s order to provide detainees with notice before they’re removed to a notorious work prison in El Salvador.</p>
<p>The high court in the early morning hours of Saturday issued an order — <a href="https://lawandcrime.com/high-profile/the-court-does-not-trust-the-trump-administration-legal-experts-take-stock-of-extraordinary-and-massively-significant-scotus-order-barring-summary-deportations/">the first and only Saturday order issued this term</a> — directing the government “not to remove” any immigrant detainees subject to President Donald Trump’s proclamation invoking the Alien Enemies Act of 1798 (AEA). The Saturday order came after <a href="https://lawandcrime.com/high-profile/an-extraordinary-threat-to-the-rule-of-law-justice-sotomayor-excoriates-inexplicable-decision-to-side-with-trump-admin-in-high-profile-deportation-case/">the justices on April 7, unanimously held</a> that “AEA detainees must receive notice after the date of this order that they are subject to removal” under the AEA “within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.”</p>
<p>In Monday’s <a href="https://www.supremecourt.gov/DocketPDF/24/24A1007/356074/20250421045953494_2025.04.21%20AARP%20SCOTUS%20Reply_Final%20pdfa.pdf">15-page filing</a>, the ACLU, which represents the detainees, asserted that the administration was not abiding by the court’s order. Instead, they allege the government has been shuffling groups of migrants between different judicial districts and providing them with “English-only AEA notices” less than a day before they are deported without “any explanation” as to how they may seek judicial review.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Such actions by the government “cannot by any stretch be said to comply with this Court’s order,” the filing states. And rather than defend its current procedures, the administration responded to the justices’ order by <a href="https://lawandcrime.com/high-profile/improperly-skipped-over-the-lower-courts-trump-doj-says-its-fatally-premature-of-scotus-to-block-deportations-carried-out-under-obscure-wartime-law/">arguing that the petitioners “jumped the gun”</a> by filing with the Supreme Court before exhausting their options at the lower courts.</p>
<p>But according to the plaintiffs, that claim “cannot be squared with the facts on the ground.”</p>
<p>“Applicants filed an emergency renewed [temporary restraining order] motion about thirty minutes after midnight on April 18 informing the district court that individuals were being told they would be removed later that same day, Friday, April 18,” the filing states. “The information was not a false alarm. As it turned out, individuals were loaded onto buses that left the Texas facility around 5:35 p.m. CDT, only later to be turned around, presumably because of Applicants’ filing in this Court.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Justice Samuel Alito <a href="https://lawandcrime.com/high-profile/literally-in-the-middle-of-the-night-justice-alito-slams-scotus-for-issuing-unprecedented-relief-by-stopping-trump-deportations-carried-out-under-wartime-law/">penned a dissent</a> to the Saturday order that was joined by Justice Clarence Thomas, in which they criticized the majority for intervening “literally in the middle of the night,” saying it was too soon. Before the high court stepped in, a DOJ attorney on Friday told a federal judge in Washington, D.C., that the administration was not planning on removing any migrants from the U.S., however, the government also reserved the right to start deportation flights Saturday morning.</p>
<p>In order to prevent similar situations from occurring “again and again,” the ACLU asked the justices to go a step beyond what any of the lower courts have had the opportunity to address — whether Trump’s usage of the AEA is constitutional.</p>
<p>“[B]ecause there is a substantial likelihood that the Court would grant <em>certiorari</em> to review the weighty question whether the AEA can be invoked outside of wartime against a criminal organization and for only the fourth time in U.S. history, Applicants respectfully request that this Court retain jurisdiction, maintain the injunction, and also consider treating this application as a petition for certiorari before judgment,” the ACLU wrote. “Applicants recognize that this is an extraordinary request given that the district court has not yet ruled on the merits, but believe it is appropriate in light of the government’s actions on April 18, its position that there is no remedy for wrongfully removed individuals, and the fact that the government is moving Venezuelans whom they have labeled as gang members all around the country, making it likely that habeas actions will be required in multiple districts.”</p>
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<p>The post <a href="https://homesafetytechpros.com/aclu-asks-scotus-to-declare-trumps-aea-invocation-illegal/">ACLU asks SCOTUS to declare Trump&#8217;s AEA invocation illegal</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>SCOTUS deportation order was &#8216;fatally premature&#8217;: Trump DOJ</title>
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		<pubDate>Sun, 20 Apr 2025 22:46:28 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump speaks with reporters in the Oval Office at the White House, Tuesday, Feb. 11, 2025, in Washington. (AP Photo/Alex Brandon) The U.S. Supreme Court’s weekend order that blocked the Trump administration from carrying out certain deportations under the Alien Enemies Act (AEA) has been flamed by the Justice Department as an “unprecedented [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/scotus-deportation-order-was-fatally-premature-trump-doj/">SCOTUS deportation order was &#8216;fatally premature&#8217;: Trump DOJ</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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</p>
<div id="post-body">
<div id="attachment_509543" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-509543" class="size-full wp-image-509543" src="https://am22.mediaite.com/lc/cnt/uploads/2025/02/Donald-Trump.jpg" alt="President Donald Trump speaks with reporters in the Oval Office at the White House, Tuesday, Feb. 11, 2025, in Washington. (AP Photo/Alex Brandon)" width="1200" height="627"/></p>
<p id="caption-attachment-509543" class="wp-caption-text">President Donald Trump speaks with reporters in the Oval Office at the White House, Tuesday, Feb. 11, 2025, in Washington. (AP Photo/Alex Brandon)</p>
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<p>The U.S. Supreme Court’s <a href="https://lawandcrime.com/high-profile/the-government-is-directed-not-to-remove-supreme-court-slams-brakes-on-trumps-plans-for-more-summary-deportations-under-obscure-wartime-law/" target="_blank" rel="noopener">weekend order that blocked the Trump administration from carrying out certain deportations</a> under the <a href="https://lawandcrime.com/high-profile/administrations-most-extreme-measure-yet-judge-hits-trump-with-restraining-order-for-planning-to-use-obscure-wartime-law-to-ramp-up-deportations/" target="_blank" rel="noopener">Alien Enemies Act</a> (AEA) has been flamed by the Justice Department as an “unprecedented injunction” that is “fatally premature,” according to the DOJ, as the applicants have “improperly skipped over the lower courts before asking this one for relief,” it says.</p>
<p>“This Court is ‘a court of review, not first view,&#8221;” <a href="https://www.documentcloud.org/documents/25902321-trump-doj-response-deportationsaclu/" target="_blank" rel="noopener">wrote</a> Solicitor General D. John Sauer in the DOJ’s response to the Supreme Court order, which was handed down early Saturday morning.</p>
<p>“Yet the application insists on judicial review in reverse,” Sauer said. “It calls for this Court to be the first to resolve due-process challenges to the adequacy of notice that designated enemy aliens receive, on behalf of a putative class that no court below has certified, on a nonexistent record.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>The Saturday order and deportations case comes in the aftermath of <a href="https://lawandcrime.com/high-profile/an-extraordinary-threat-to-the-rule-of-law-justice-sotomayor-excoriates-inexplicable-decision-to-side-with-trump-admin-in-high-profile-deportation-case/" target="_blank" rel="noopener">an April 7 Supreme Court ruling</a>, which dissolved a nationwide injunction barring summary deportations under the auspices of the obscure wartime law. All nine justices voted against the government’s use of the AEA without due process.</p>
<p>Last week, attorneys with the American Civil Liberties Union (ACLU) filed a <a href="https://storage.courtlistener.com/recap/gov.uscourts.txnd.402915/gov.uscourts.txnd.402915.1.0.pdf" target="_blank" rel="noopener">petition for the writ of habeas corpus</a> in Texas federal court, challenging the “AEA Process” as a whole. The plaintiffs also filed for a temporary restraining order and class certification.</p>
<p>On Thursday, U.S. District Judge James Wesley Hendrix — a Donald Trump appointee — <a href="https://storage.courtlistener.com/recap/gov.uscourts.txnd.402915/gov.uscourts.txnd.402915.27.0_3.pdf" target="_blank" rel="noopener">denied the motion for a restraining order</a>. The court credited a statement from Department of Justice attorneys that none of the plaintiffs faced “imminent risk of summary removal” under the AEA. Hendrix reserved ruling on the class certification motion. The ACLU quickly filed an interlocutory appeal on Friday with the U.S. Court of Appeals for the 5th Circuit, stylized as an <a href="https://www.aclu.org/cases/aarp-v-trump?document=Emergency-Motion" target="_blank" rel="noopener">emergency request</a> for a temporary restraining order.</p>
<p>That appeal was still pending when the plaintiffs filed their <a href="https://www.aclu.org/cases/aarp-v-trump?document=SCOTUS-application" target="_blank" rel="noopener">emergency application</a> for an emergency injunction with the Supreme Court.</p>
<p>In a blistering dissent Saturday, <a href="https://lawandcrime.com/high-profile/i-am-stunned-justice-alito-slams-colleagues-refusal-to-let-trump-keep-billions-in-foreign-aid-frozen-as-rewarding-an-act-of-judicial-hubris/" target="_blank" rel="noopener">Justice Samuel Alito</a> wrote that he believed the Supreme Court’s order was “hastily and prematurely granted” — nor was it “necessary or appropriate,” he said.</p>
<p>“In sum, literally in the middle of the night, the Court issued unprecedented and legally questionable relief without giving the lower courts a chance to rule, without hearing from the opposing party, within eight hours of receiving the application, with dubious factual support for its order, and without providing any explanation for its order,” Alito <a href="https://www.documentcloud.org/documents/25902306-alito-dissent-deportations/" target="_blank" rel="noopener">wrote</a> in a five-page rebuke.</p>
<p>“I refused to join the Court’s order because we had no good reason to think that, under the circumstances, issuing an order at midnight was necessary or appropriate,” Alito said, noting how Justice Clarence Thomas also dissented.</p>
<p>“Both the Executive and the Judiciary have an obligation to follow the law,” Alito added. “The Executive must proceed under the terms of our order … and this Court should follow established procedures.”</p>
<p><a href="https://lawandcrime.com/high-profile/literally-in-the-middle-of-the-night-justice-alito-slams-scotus-for-issuing-unprecedented-relief-by-stopping-trump-deportations-carried-out-under-wartime-law/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘Literally in the middle of the night’: Justice Alito slams SCOTUS for issuing ‘unprecedented’ relief by stopping Trump deportations carried out under wartime law</strong></a></p>
<p>Trump’s DOJ echoed much of what Alito said in its response filing Saturday, with two major points of contention being whether the Supreme Court had the jurisdiction to make such a ruling in the AEA deportations case and how accurate the claims being made were about deportations being imminent.</p>
<p>“Applicants gave the district court only 42 minutes to rule on their motion before immediately proceeding to the court of appeals, thus divesting the district court of jurisdiction,” Sauer said. “That maneuvering left the district court ‘unable to complete its review of the filings’ and actually rule on applicants’ claims.”</p>
<p>While the Trump administration was unable to respond to the allegations being made about deportations happening before the Supreme Court issued its ruling, Alito said that a DOJ lawyer in a different case told the U.S. District Court judge who is overseeing it on Friday that “no such deportations” were being carried out by the government or “planned to occur.”</p>
<p>“The government has committed to not removing the named petitioners pursuant to the AEA until their habeas proceedings have concluded,” Sauer alleged.</p>
<p>“Applicants dismiss those problems by speculating that AEA detainees will be removed imminently, before their claims can be further tested,” he said. “But applicants ignore that the government has provided advance notice to AEA detainees (including the named petitioners) prior to commencing AEA removals. Detainees receiving such notices have had adequate time to file habeas claims — indeed, the putative class representatives and others have filed such claims. And the government has agreed not to remove pursuant the AEA those AEA detainees who do file habeas claims (including the putative class representatives).”</p>
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<p><em>Colin Kalmbacher contributed to this report.</em></p>
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<p>The post <a href="https://homesafetytechpros.com/scotus-deportation-order-was-fatally-premature-trump-doj/">SCOTUS deportation order was &#8216;fatally premature&#8217;: Trump DOJ</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Experts analyze SCOTUS order barring summary deportations</title>
		<link>https://homesafetytechpros.com/experts-analyze-scotus-order-barring-summary-deportations/</link>
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		<pubDate>Sun, 20 Apr 2025 06:24:07 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump speaks as he signs executive orders in the Oval Office of the White House, Thursday, April 17, 2025, in Washington (AP Photo/Alex Brandon). Legal experts were quick to parse the U.S. Supreme Court’s “massively significant” order barring the Trump administration from carrying out deportations using the Alien Enemies Act (AEA). In a highly [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/experts-analyze-scotus-order-barring-summary-deportations/">Experts analyze SCOTUS order barring summary deportations</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_520516" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-520516" class="size-full wp-image-520516" src="https://am21.mediaite.com/lc/cnt/uploads/2025/04/AP25107753742266-1.jpg" alt="Donald Trump in the Oval Office." width="1200" height="627"/></p>
<p id="caption-attachment-520516" class="wp-caption-text">President Donald Trump speaks as he signs executive orders in the Oval Office of the White House, Thursday, April 17, 2025, in Washington (AP Photo/Alex Brandon).</p>
</div>
<p>Legal experts were quick to parse the U.S. Supreme Court’s “massively significant” order barring the <a href="https://lawandcrime.com/high-profile/modicum-of-process-is-mandated-by-the-constitution-judge-blocks-summary-deportations-reminds-trump-admin-all-nine-supreme-court-justices-ruled-against-the-government/" target="_blank" rel="noopener noreferrer">Trump administration</a> from carrying out deportations using the <a href="https://lawandcrime.com/high-profile/administrations-most-extreme-measure-yet-judge-hits-trump-with-restraining-order-for-planning-to-use-obscure-wartime-law-to-ramp-up-deportations/" target="_blank" rel="noopener noreferrer">Alien Enemies Act</a> (AEA).</p>
<p>In a highly unusual early <a href="https://www.supremecourt.gov/orders/courtorders/041925zr_c18e.pdf" target="_blank" rel="noopener">Saturday morning ruling</a> — the first and only Saturday order issued this term — the nation’s high court <a href="https://lawandcrime.com/high-profile/the-government-is-directed-not-to-remove-supreme-court-slams-brakes-on-trumps-plans-for-more-summary-deportations-under-obscure-wartime-law/" target="_blank" rel="noopener">tersely ordered</a> the government “not to remove” any immigrant detainees subject to deportation flights in the Northern District of Texas.</p>
<p>“[T]he Court didn’t wait at all,” Georgetown University Law Prof. Steve Vladeck <a href="https://www.stevevladeck.com/p/144-the-supreme-courts-late-night" target="_blank" rel="noopener">wrote on his blog</a>. “This may seem like a technical point, but it underscores how seriously the Court, or at least a majority of it, took the urgency of the matter.”</p>
<p>The law professor noted that the justices waited neither for an appellate court to rule on the issue nor gave the government a chance to respond to the emergency request before issuing the order.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>The order comes as the next step in a parry-and-thrust sequence involving the Trump administration’s use of the obscure wartime law.</p>
<p>In <a href="https://lawandcrime.com/high-profile/administrations-most-extreme-measure-yet-judge-hits-trump-with-restraining-order-for-planning-to-use-obscure-wartime-law-to-ramp-up-deportations/" target="_blank" rel="noopener">mid-March</a>, the government invoked the AEA. Though immediately enjoined by U.S. District Court Chief Judge James E. Boasberg, officials <a href="https://lawandcrime.com/high-profile/a-solemn-mockery-of-the-constitution-itself-judge-moves-to-hold-trump-admin-in-criminal-contempt-over-deportation-flights-ordered-to-turn-around/" target="_blank" rel="noopener">ignored that court order</a> and promptly flew two planes full of immigrants to a notorious prison in El Salvador. One of the men on one of those flights, <a href="https://lawandcrime.com/high-profile/pretty-sketchy-looking-judge-takes-doj-lawyer-to-the-woodshed-over-trumps-mass-deportations-and-whether-federal-court-orders-are-being-ignored/" target="_blank" rel="noopener noreferrer">Kilmar Armando Abrego Garcia</a>, had an explicit — and separate — court order barring him from being deported to El Salvador.</p>
<p>While the justices dissolved Boasberg’s national injunction, the court also <a href="https://www.supremecourt.gov/opinions/24pdf/24a931_2c83.pdf" target="_blank" rel="noopener">forbade the government</a> from conducting any further deportation flights under the AEA without due process. To that end, the court prescribed writs of habeas corpus in relevant district courts as the way forward for detainees challenging putative AEA deportation.</p>
<p>Then, a few days later, <a href="https://www.supremecourt.gov/opinions/24pdf/24a949_lkhn.pdf" target="_blank" rel="noopener">in a separate case</a>, the justices unanimously directed the government to “facilitate” Abrego Garcia’s release from the <a href="https://lawandcrime.com/high-profile/torture-in-el-salvador-with-u-s-taxpayer-dollars-habeas-petition-directly-challenges-mans-indefinite-detention-in-notorious-legal-black-hole-foreign-prison/" target="_blank" rel="noopener">torture-plagued</a> Salvadoran lockup facility.</p>
<p>But in the past week, President Donald Trump and high-ranking <a href="https://x.com/Acyn/status/1911812023895359855" target="_blank" rel="noopener">White House officials</a> have misconstrued — and <a href="https://x.com/WhiteHouse/status/1913241658579440126" target="_blank" rel="noopener">arguably mocked</a> — the high court’s ruling as a 9-0 victory for the government. Meanwhile, <a href="https://lawandcrime.com/high-profile/shall-not-micromanage-the-efforts-of-a-fine-district-judge-4th-circuit-shoots-down-another-attempt-by-trump-doj-to-keep-wrongfully-deported-dad-out-of-us/" target="_blank" rel="noopener">at least two other courts</a>, one appellate and one district, pointed out that those rulings were <a href="https://lawandcrime.com/high-profile/modicum-of-process-is-mandated-by-the-constitution-judge-blocks-summary-deportations-reminds-trump-admin-all-nine-supreme-court-justices-ruled-against-the-government/" target="_blank" rel="noopener">actually defeats for the government</a>, albeit limited ones.</p>
<p>Simultaneously, attorneys across the country have been following the high court’s guidance by filing class-action-seeking habeas petitions in jurisdictions where it is believed immigrants are being housed in anticipation of potential third-country deportations under the AEA.</p>
<p>Such a filing came in Texas on Wednesday; quick work from the court system got the emergency application before the Supreme Court on Friday. Within hours, at least five — and as many as seven — justices voted to stay pending AEA removals of immigrants in North Texas.</p>
<p>The plaintiffs in the case, represented by the American Civil Liberties Union (ACLU), saw fit and were able to avail themselves of the extraordinary intervention because the district court judge denied the original request for a temporary restraining order in the case.</p>
<p>On Thursday, U.S. District Judge James Wesley Hendrix, who was appointed by President Donald Trump during his first term, <a href="https://storage.courtlistener.com/recap/gov.uscourts.txnd.402915/gov.uscourts.txnd.402915.27.0_3.pdf" target="_blank" rel="noopener noreferrer">denied the motion for a restraining order</a>, crediting a statement from Department of Justice attorneys that none of the detained plaintiffs faced “imminent risk of summary removal” under the AEA.</p>
<p>That promise may not be worth much to the high court, according to legal commentator and attorney <a href="https://lawandcrime.com/supreme-court/ed-whelan-republicans-would-replace-rbg-during-presidential-election-year/" target="_blank" rel="noopener">Ed Whelan</a>, a former clerk for late Justice <a href="https://lawandcrime.com/high-profile/special-counsel-smith-answers-to-no-one-attorneys-who-represented-trump-during-mueller-probe-look-to-kneecap-mar-a-lago-case-with-an-assist-from-antonin-scalia/" target="_blank" rel="noopener">Antonin Scalia</a> who helped advise Justice Brett Kavanaugh during his contentious confirmation hearings.</p>
<p>Calling the order “extraordinary” in a <a href="https://x.com/EdWhelanEPPC/status/1913610220380602634" target="_blank" rel="noopener">post on X</a> (formerly Twitter), Whelan suggested there was only one explanation for the order.</p>
<p>“[T]he Court does not trust the Trump administration to abide by its promise to the district court,” he wrote. “And given how unworthy of trust the Trump administration has proven to be, that’s an ample explanation.”</p>
<p>Vladeck appeared to more or less agree with this estimation.</p>
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<p>As news of renewed AEA flights circulated this week, the ACLU returned to Boasberg on Friday — the original AEA case — and asked for another temporary restraining order.</p>
<p>During a hastily called hearing, the DOJ hedged its bets.</p>
<p>“I’ve spoken with DHS, they are not aware of any current plans for flights tomorrow,” Deputy Assistant Attorney General Drew Ensign said. “I have also been told to say that they reserve the right to remove people tomorrow.”</p>
<p>Boasberg declined to grant relief, but Vladeck said the justices were likely keenly aware of the government’s position.</p>
<p>“In a world in which a majority of the justices were willing to take these kinds of representations at face value, there might’ve been no need to intervene overnight Friday evening; the justices could’ve taken at least all day Saturday to try to sort things out before handing down their decision,” the law professor wrote. “The Court appears to be finally getting the message — and, in turn, handing down rulings with none of the wiggle room we saw in the J.G.G. and Abrego Garcia decisions last week. That’s a massively significant development unto itself — especially if it turns out to be more than a one-off.”</p>
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<p>The post <a href="https://homesafetytechpros.com/experts-analyze-scotus-order-barring-summary-deportations/">Experts analyze SCOTUS order barring summary deportations</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Judge gives Trump DOJ reality check on Kilmar Abrego Garcia</title>
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		<pubDate>Wed, 16 Apr 2025 04:53:28 +0000</pubDate>
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					<description><![CDATA[<p>Left: President-elect Donald Trump on “Meet the Press” Sunday, Dec. 8, 2024 (NBC News/YouTube). Right: U.S. District Judge Paula Xinis attends her nomination hearing before the U.S. Senate on July 22, 2015 (Senate Judiciary Committee). Fed up with the government’s “gamesmanship” and “grandstanding” over the Kilmar Abrego Garcia deportation case, a federal judge in Maryland [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/judge-gives-trump-doj-reality-check-on-kilmar-abrego-garcia/">Judge gives Trump DOJ reality check on Kilmar Abrego Garcia</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="post-body">
<div id="attachment_519587" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-519587" class="size-full wp-image-519587" src="https://am22.mediaite.com/lc/cnt/uploads/2025/04/Trump-and-Xinis.jpg" alt="Left: President-elect Donald Trump on &quot;Meet the Press&quot; Sunday, Dec. 8, 2024 (NBC News/YouTube). Right: U.S. District Judge Paula Xinis attends her nomination hearing before the U.S. Senate on July 22, 2015 (Senate Judiciary Committee)." width="1200" height="627"/></p>
<p id="caption-attachment-519587" class="wp-caption-text">Left: President-elect Donald Trump on “Meet the Press” Sunday, Dec. 8, 2024 (NBC News/YouTube). Right: U.S. District Judge Paula Xinis attends her nomination hearing before the U.S. Senate on July 22, 2015 (Senate Judiciary Committee).</p>
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<p>Fed up with the government’s “gamesmanship” and “grandstanding” over the <a href="https://lawandcrime.com/high-profile/unheard-of-and-improper-trump-admin-refuses-to-produce-high-ranking-official-to-testify-about-controversial-use-of-death-master-file-in-pressuring-migrants-to-self-deport/" target="_blank" rel="noopener">Kilmar Abrego Garcia</a> deportation case, a <a href="https://lawandcrime.com/high-profile/unlawful-action-federal-judge-shuts-down-trumps-attempt-to-strip-deportation-protections-from-half-a-million-immigrants/" target="_blank" rel="noopener">federal judge</a> in Maryland tore into the <a href="https://lawandcrime.com/high-profile/his-claimed-emergency-is-a-figment-of-his-own-imagination-lawsuit-by-public-interest-law-firm-savages-trumps-tariffs-as-illegal-and-unprecedented-power-grab/" target="_blank" rel="noopener">Trump administration</a> on Tuesday afternoon following <a href="https://lawandcrime.com/high-profile/dhs-would-take-him-trump-admin-doubles-down-on-barring-wrongly-deported-dads-return-as-attorneys-allege-president-is-ignoring-scotus-order/" target="_blank" rel="noopener">yet another nose-thumbing</a> by the Justice Department in court filings — with DOJ lawyers and administration officials being blasted for not providing proper updates and blatantly ignoring judicial orders related to the deported dad’s situation.</p>
<p>“We’re going to do this by the federal rules of civil procedure,” U.S. District Judge Paula Xinis told Deputy Assistant Attorney General for Immigration Litigation Drew Ensign and the court Tuesday at a highly-anticipated hearing on Abrego Garcia’s deportation saga, according to Politico reporter <a href="https://x.com/kyledcheney/status/1912239627575972277?s=46" target="_blank" rel="noopener">Kyle Cheney</a>, who was in attendance.</p>
<p>“No press release is going to move the court the same way that sworn, under oath testimony from persons with knowledge,” Xinis said. “If you have objections, you’re going to have to make them consistent with the rules.”</p>
<aside class="o-callout__recirculate o-callout"/>
<p>Noting how she wanted to “move” things forward quickly, Xinis scolded Ensign and the DOJ for not providing proper updates on Abrego Garcia’s location, his mental and physical health condition and what steps are being taken to bring him back.</p>
<p>The Trump administration <a href="https://lawandcrime.com/high-profile/dhs-would-take-him-trump-admin-doubles-down-on-barring-wrongly-deported-dads-return-as-attorneys-allege-president-is-ignoring-scotus-order/">dug in its heels earlier in the day</a>, defiantly telling Xinis in a court declaration that even if Abrego Garcia were to be returned to the U.S. somehow — after he was mistakenly <a href="https://lawandcrime.com/high-profile/unlawful-action-federal-judge-shuts-down-trumps-attempt-to-strip-deportation-protections-from-half-a-million-immigrants/">deported</a> to a terrorist prison in El Salvador — he would be swiftly detained and removed again upon his arrival. An attorney for the Department of Homeland Security filed the sworn declaration minutes before Tuesday’s afternoon hearing began.</p>
<p>“If Abrego Garcia does present at a port of entry, he would become subject to detention by DHS,” <a href="https://www.courtlistener.com/docket/69777799/77/abrego-garcia-v-noem/">the declaration states</a>. “In that case, DHS would take him into custody in the United States and either remove him to a third country or terminate his withholding of removal because of his membership in MS-13, a designated foreign terrorist organization, and remove him to El Salvador.”</p>
<p>The administration’s declaration was filed shortly after an attorney for Abrego Garcia — a native of El Salvador who was in the U.S. with protected legal status at the time of his deportation — accused the DOJ of <a href="https://lawandcrime.com/high-profile/wholly-illegal-from-the-moment-it-happened-federal-judge-shreds-trump-admin-says-request-for-more-time-in-case-dad-deported-in-error-blinks-at-reality/">flouting orders</a> from the U.S. Supreme Court and Xinis instructing the government to return Abrego Garcia to the United States. The <a href="https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.75.0.pdf">three-page filing</a> alleges that Trump administration officials have been intentionally misconstruing court orders since Abrego Garcia, whose wife and child are both U.S. citizens, was deported in “error” in March under President Donald Trump’s unprecedented use of the Alien Enemies Act of 1798 (AEA), a wartime authority only previously invoked three times, the last of which was during World War II.</p>
<p><a href="https://lawandcrime.com/high-profile/dhs-would-take-him-trump-admin-doubles-down-on-barring-wrongly-deported-dads-return-as-attorneys-allege-president-is-ignoring-scotus-order/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘DHS would take him’: Trump admin doubles down on barring wrongly deported dad’s return as attorneys allege president is ignoring SCOTUS order</strong></a></p>
<p class="qualified qualified-5">Specifically, the filing focuses on the government’s interpretation of the word “facilitate” in orders from both the Supreme Court and Xinis.</p>
<p class="qualified qualified-6">Last Thursday, the high court largely upheld Xinis’ prior order requiring the Trump administration to “facilitate” Abrego Garcia’s release from the Salvadoran work prison. Xinis subsequently ordered the DOJ to inform her on Abrego Garcia’s current status and the steps the DOJ has taken and plans to take to “facilitate” his return to the U.S., but the Trump administration has been outwardly defiant, repeatedly stonewalling the court with daily updates that provide Xinis with little to none of the information requested.</p>
<p>“There will be no tolerance for gamesmanship or grandstanding,” Xinis declared Tuesday at the hearing.</p>
<p>“Cancel vacations, cancel other appointments,” she said. “I’m usually pretty good about that … Not this time. I will be flexible if you need to accommodate [depositions] in the courthouse. I’m going to be available if you need to do it at odd hours or weekends. That’s what I’m talking about.”</p>
<p>Xinis argued, according to Cheney and other reporters in attendance Tuesday, that every day Abrego Garcia is locked away in El Salvador is “a day of further irreparable harm” for him and his family. Abrego Garcia’s wife was at the federal courthouse in Greenbelt, Maryland, where protesters reportedly gathered to voice their support for him.</p>
<p>“Kilmar, if you can hear me, stay strong,” the man’s wife, Jennifer Vasquez Sura, said outside the courthouse, according to New York Magazine’s <a href="https://nymag.com/intelligencer/article/kilmar-abrego-garcia-supreme-court-trump-administration-el-salvador-updates.html" target="_blank" rel="noopener">Intelligencer</a> outlet.</p>
<p>“God hasn’t forgotten about you,” Sura added. “Our children are asking when will you come home and I pray for the day that I tell them the time and date that you’ll return.”</p>
<p>Describing the government’s response, Sura said: “This administration has already taken so much from my children, from Kilmar’s mother, brother, sisters and me.”</p>
<p>President Trump on Saturday evening stated that the fate of Abrego Garcia and all of the “barbarians” deported without due process through the AEA <a href="https://lawandcrime.com/high-profile/these-barbarians-are-now-in-the-sole-custody-of-el-salvador-trump-official-insists-dad-deported-in-error-is-alive-and-secure-but-potus-says-his-future-not-up-to-us/">was up to El Salvador’s president, Nayib Bukele</a>.</p>
<p>On Monday, <a href="https://x.com/nayibbukele/status/1911803520845545960" target="_blank" rel="noopener">Trump met with Bukele at the White House</a> and took questions about Abrego Garcia’s situation, per <a href="https://www.npr.org/2025/04/14/nx-s1-5364502/trump-bukele-el-salvador-deportation" target="_blank" rel="noopener">NPR</a>.</p>
<p>Both he and Bukele tried claiming that their country’s hands were tied when pressed by reporters about why Abrego Garcia couldn’t be brought back to the United States.</p>
<p>“The question is preposterous,” Bukele said. “How can I smuggle a terrorist into the United States? I don’t have the power to return him to the United States.”</p>
<p>Asked why the U.S. wasn’t complying with the Supreme Court’s order, Trump <a href="https://www.rollingstone.com/politics/politics-news/trump-bukele-el-salvador-deportation-oval-office-1235317056/" target="_blank" rel="noopener">told</a> CNN’s Kaitlan Collins: “How long do we have to answer this question? Why don’t you just say, ‘Isn’t it wonderful that we’re keeping criminals out of our country?’ Why can’t you just say that?”</p>
<p>Xinis said Tuesday that the comments between the two presidents in the Oval Office were not a “nonresponsive answer” to her questions.</p>
<p>“If that were in a court of law — it would have real infirmities in a trial, in a court of law,” the judge explained, per Cheney.</p>
<p>“It is not a direct response, nor is the quip about smuggling someone into the United States,” she said. If the government were “facilitating” his return, Xinis asserted that there would be no “smuggling” going on.</p>
<p>“When a wrongfully removed individual [is outside U.S. borders] it’s not so cut-and-dried that all you have to do is remove obstacles domestically,” Xinis reportedly told the DOJ.</p>
<p>The judge said there would be “two weeks of intensive discovery” to come in the case and that it was time for the Trump administration to accept defeat and move on.</p>
<p>“You made your jurisdictional arguments, you made your venue arguments,” Xinis said, according to Cheney. “You made your arguments on the merits. You lost. This is now about the scope of the remedy.”</p>
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<p><em>Jerry Lambe contributed to this report.</em></p>
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<p>The post <a href="https://homesafetytechpros.com/judge-gives-trump-doj-reality-check-on-kilmar-abrego-garcia/">Judge gives Trump DOJ reality check on Kilmar Abrego Garcia</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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		<title>Judge stops Trump from ending protections for Cubans, others</title>
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		<pubDate>Tue, 15 Apr 2025 20:36:37 +0000</pubDate>
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					<description><![CDATA[<p>FILE – Former President Donald Trump speaks at the New Hampshire Federation of Republican Women Lilac Luncheon, June 27, 2023, in Concord, N.H. Trump is already laying a sweeping set of policy goals should he win a second term as president. Priorities on the Republican’s agenda include a mass deportation operation, a new Muslim ban [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/judge-stops-trump-from-ending-protections-for-cubans-others/">Judge stops Trump from ending protections for Cubans, others</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_421572" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-421572" class="size-full wp-image-421572" src="https://am23.mediaite.com/lc/cnt/uploads/2023/11/Donald-Trump-via-AP-Photo_Steven-Senne-File.jpg" alt="Donald Trump (AP Photo/Steven Senne, File)" width="1200" height="627"/></p>
<p id="caption-attachment-421572" class="wp-caption-text">FILE – Former President Donald Trump speaks at the New Hampshire Federation of Republican Women Lilac Luncheon, June 27, 2023, in Concord, N.H. Trump is already laying a sweeping set of policy goals should he win a second term as president. Priorities on the Republican’s agenda include a mass deportation operation, a new Muslim ban and tariffs on all imported goods. (AP Photo/Steven Senne, File)</p>
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<p>A <a href="https://lawandcrime.com/high-profile/may-never-get-out-of-these-prisons-judge-orders-trump-admin-to-not-remove-venezuelans-after-aclu-says-they-were-persecuted-as-criminals/" target="_blank" rel="noopener">federal judge</a> in <a href="https://lawandcrime.com/tag/massachusetts/" target="_blank" rel="noopener">Massachusetts</a> has blocked the “unlawful termination of humanitarian parole processes” by the <a href="https://lawandcrime.com/high-profile/unheard-of-and-improper-trump-admin-refuses-to-produce-high-ranking-official-to-testify-about-controversial-use-of-death-master-file-in-pressuring-migrants-to-self-deport/" target="_blank" rel="noopener">Trump administration</a> for more than a half-million Cubans, Haitians, Nicaraguans and Venezuelans who have been allowed to enter the United States and work under an umbrella of <a href="https://lawandcrime.com/high-profile/the-exclusive-power-of-the-president-trump-admin-says-courts-have-no-authority-to-force-return-of-dad-mistakenly-deported-to-el-salvador/" target="_blank" rel="noopener">deportation</a> protections.</p>
<p>U.S. District Judge Indira Talwani said in her order Monday that she was siding with immigrants from the four countries — who filed a <a href="https://www.documentcloud.org/documents/25898222-chnv-lawsuit/" target="_blank" rel="noopener">lawsuit</a> in late February and were seeking a temporary restraining order (TRO) with the groups Justice Action Center and Human Rights First — on account of President Donald Trump’s attempt to revoke “previously granted parole and work authorizations” for individuals currently living in the United States without a “case-by-case review,” which she said was an “unlawful action.”</p>
<p>“Plaintiffs were paroled into the United States by complying with the immigration processes made available to them,” wrote Talwani, a Barack Obama appointee, in a <a href="https://www.documentcloud.org/documents/25898169-mass-judge-order/" target="_blank" rel="noopener">41-page order</a> filed in Boston.</p>
<p>“As lawful parolees, they did not have to fear arrest for being in the United States, were permitted to legally work if they received work authorization, and could apply for adjustment of status or other benefits while paroled into this country,” Talwani explained. “The immediate impact of the shortening of their grant of parole is to cause their lawful status in the United States to lapse early — in less than two weeks,” the judge said.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>An estimated 110,240 Cubans, 211,040 Haitians, 117,330 Venezuelans and 93,070 Nicaraguans have come to the U.S. through the “CHVN” parole program for people from these countries, according to the <a href="https://www.miamiherald.com/news/local/immigration/article304234666.html" target="_blank" rel="noopener">Miami Herald</a>. The newspaper reports that many of them have been living and working in South Florida after receiving sponsorship from relatives to apply for asylum and other protections.</p>
<p>One of the plaintiffs and immigrants suing President Donald Trump and the Trump administration, identified in pleadings as Lucia Doe, “works cleaning apartments, condominiums, houses, schools, and businesses,” per court filings.</p>
<p>The woman’s alleged plan when seeking parole was to use her two-year grant of parole to work as a way to “support her parents and to save money for the future,” as well as to pay back her sister for the money her sister spent helping Lucia Doe obtain a work permit and secure transportation to the United States, her lawyers say.</p>
<p>“She fears returning to Venezuela, where she says it is especially difficult to find employment over the age of 40,” Talwani said in her Monday order, citing the plaintiff’s prior declarations and allegations, as well as others who are suing. “She has been saving money in case she needs to purchase a last-minute ticket to Venezuela, as to avoid unlawful status in the United States,” Talwani said.</p>
<p>The woman’s attorneys wrote in their <a href="https://www.documentcloud.org/documents/25898173-mass-immigrationparole-case-tro-motion/" target="_blank" rel="noopener">emergency TRO motion</a>, which was filed on March 27 — in response to the Department of Homeland Security’s plans to revoke the humanitarian CHVN program on April 24 — that the Trump administration’s actions were “unprecedented” and would result in “hundreds of thousands of individuals losing lawful status and work authorization.”</p>
<p><a href="https://lawandcrime.com/high-profile/unlawful-action-federal-judge-shuts-down-trumps-attempt-to-strip-deportation-protections-from-half-a-million-immigrants/‘Going to assassinate him myself’: Man ‘buying 1 gun a month since the election’ threatened to kill Trump in multiple YouTube comments under name ‘Mr Satan,’ FBI says" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘Going to assassinate him myself’: Man ‘buying 1 gun a month since the election’ threatened to kill Trump in multiple YouTube comments under name ‘Mr Satan,’ FBI says</strong></a></p>
<p>Talwani said in her order that if their parole status was allowed to lapse later this month, the plaintiffs “will be faced with two unfavorable options: continue following the law and leave the country on their own, or await removal proceedings.”</p>
<p>If they choose to leave the country on their own, Talwani noted how they would allegedly “face dangers in their native countries, as set forth in their affidavits” — and for some, leaving would cause family separation and mean that the immigrants “will have forfeited any opportunity to obtain a remedy based on their APA claims, as leaving may moot those claims.”</p>
<p>“If, in the alternative, Plaintiffs remain in the United States and await removal proceedings, they may be subject to arrest and detention, they will no longer be authorized to work legally in this country and their opportunities to seek any adjustment of status will evaporate,” Talwani added.</p>
<p>The Trump administration has argued that the decision whether to terminate parole by Homeland Security secretary, Kristi Noem, is ultimately “within the Secretary’s discretion” and that the defendants “will have the opportunity to renew their requests for immigration benefits” if placed in removal proceedings, according to Talwani’s order. But at a hearing last week, the Justice Department admitted that the plaintiffs would be unable to renew most of their immigration benefits if selected for removal, regardless of the circumstance.</p>
<p>“Even if Plaintiffs can renew requests for certain benefits, some requests may very well be denied simply because Plaintiffs would no longer be in lawful status,” Talwani said Monday. “Despite claiming Plaintiffs could renew requests in removal proceedings, Defendants: are defending the FRN, which states that the revoking of parole is designed to ensure expedited removal (thereby avoiding removal proceedings); and insist that Plaintiffs can be subjected to expedited removal proceedings while acknowledging, at a hearing before this court, that Plaintiffs could not renew most immigration benefits requests if placed in expedited proceedings.”</p>
<p>Talwani’s ruling comes as immigration and deportations continue to be a heated issue in the courts right now following President Trump’s decision to boot people <a href="https://lawandcrime.com/high-profile/the-implications-of-the-governments-position-are-staggering-trump-asserting-unheralded-power-by-unlawfully-invoking-wartime-measure-court-docs-say/" target="_blank" rel="noopener">under an 18th-century wartime authority</a>.</p>
<p>Over the weekend, the Trump administration <a href="https://lawandcrime.com/high-profile/these-barbarians-are-now-in-the-sole-custody-of-el-salvador-trump-official-insists-dad-deported-in-error-is-alive-and-secure-but-potus-says-his-future-not-up-to-us/">continued to defy</a> an order from the <a href="https://lawandcrime.com/tag/scotus/">U.S. Supreme Court</a> instructing the government to provide details about the steps it had taken to “facilitate” the return of a Maryland resident mistakenly deported under the Alien Enemies Act of 1798 (AEA) to a notorious work prison in El Salvador. The Department of Justice asserted Sunday in court filings that under the high court’s order — which largely affirmed a lower-court ruling — it was not required to work with Salvadoran officials to return <a href="https://lawandcrime.com/high-profile/wholly-illegal-from-the-moment-it-happened-federal-judge-shreds-trump-admin-says-request-for-more-time-in-case-dad-deported-in-error-blinks-at-reality/" target="_blank" rel="noopener">Kilmar Abrego Garcia</a>, so long as the government removed “any domestic obstacles” that would otherwise impede it from happening.</p>
<p>In a <a href="https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.65.0.pdf">seven-page filing</a>, the administration argued that federal courts do not have the authority to direct the administration to engage with the government of El Salvador at all, setting the stage for what is likely to be another eventual showdown at the Supreme Court. The Justice Department further asserted that interpreting the term “facilitate” to require any additional action on behalf of the administration would not be “tenable — or constitutional.”</p>
<p>Since last week, the government has <a href="https://lawandcrime.com/high-profile/wholly-illegal-from-the-moment-it-happened-federal-judge-shreds-trump-admin-says-request-for-more-time-in-case-dad-deported-in-error-blinks-at-reality/">refused to provide any additional information</a> on Abrego Garcia’s status other than to notify a U.S. District Court in Maryland that he was alive and in El Salvador, despite the court requiring daily status reports regarding his return to the country.</p>
<p>In New York, the father of a 19-year-old man came forward this week and said he was allegedly detained by ICE agents in February and mistakenly deported to El Salvador under the AEA.</p>
<p>His dad, Wilmer Gutiérrez, told the nonprofit news outlet <a href="https://www.thecity.nyc/2025/04/14/bronx-ice-merwil-gutierrez-el-salvador/" target="_blank" rel="noopener">Documented</a> that the agents who took his son, Merwil Gutiérrez, were allegedly informed by another person being detained that Merwil was the wrong person.</p>
<p>“The officers grabbed him and two other boys right at the entrance to our building,” Wilmer alleged. “One said, ‘No, he’s not the one,’ like they were looking for someone else. But the other said, ‘Take him anyway.’”</p>
<p>Trump on Saturday evening stated that the fate of Abrego Garcia and all of the “barbarians” deported without due process through the AEA <a href="https://lawandcrime.com/high-profile/these-barbarians-are-now-in-the-sole-custody-of-el-salvador-trump-official-insists-dad-deported-in-error-is-alive-and-secure-but-potus-says-his-future-not-up-to-us/">was up to El Salvador’s president, Nayib Bukele</a>.</p>
<p>On Monday, Trump met with Bukele at the White House and took questions about Abrego Garcia’s situation, per <a href="https://www.npr.org/2025/04/14/nx-s1-5364502/trump-bukele-el-salvador-deportation" target="_blank" rel="noopener">NPR</a>.</p>
<p>Both he and Bukele tried claiming that their country’s hands were tied when pressed by reporters about why Abrego Garcia couldn’t be brought back to the United States.</p>
<p>“The question is preposterous,” Bukele said. “How can I smuggle a terrorist into the United States? I don’t have the power to return him to the United States.”</p>
<p>Asked why the U.S. wasn’t complying with the Supreme Court’s order, Trump <a href="https://www.rollingstone.com/politics/politics-news/trump-bukele-el-salvador-deportation-oval-office-1235317056/" target="_blank" rel="noopener">told</a> CNN’s Kaitlan Collins: “How long do we have to answer this question? Why don’t you just say, ‘Isn’t it wonderful that we’re keeping criminals out of our country?’ Why can’t you just say that?”</p>
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<p><em>Jerry Lambe contributed to this report.</em></p>
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		<title>Kilmar Abrego Garcia &#8216;alive&#8217; — but Trump says US hands tied</title>
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		<pubDate>Sun, 13 Apr 2025 19:39:24 +0000</pubDate>
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					<description><![CDATA[<p>Inset: President-elect Donald Trump on “Meet the Press” Sunday, Dec. 8, 2024 (NBC News/YouTube). Background: Immigration records for Kilmar Abrego Garcia (WTTG/YouTube). Kilmar Abrego Garcia, the Maryland man who was wrongly deported to El Salvador by the U.S. government last month, is “alive and secure” at a notorious work prison there, the State Department insists [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/kilmar-abrego-garcia-alive-but-trump-says-us-hands-tied/">Kilmar Abrego Garcia &#8216;alive&#8217; — but Trump says US hands tied</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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										<content:encoded><![CDATA[<p> <br />
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<div id="post-body">
<div id="attachment_517913" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-517913" class="size-full wp-image-517913" src="https://am24.mediaite.com/lc/cnt/uploads/2025/04/Trump-and-Kilmar-Abrego-Garcia.jpg" alt="Inset: President-elect Donald Trump on “Meet the Press” Sunday, Dec. 8, 2024 (NBC News/YouTube). Background: Immigration records for Kilmar Abrego Garcia (WTTG/YouTube)." width="1200" height="627"/></p>
<p id="caption-attachment-517913" class="wp-caption-text">Inset: President-elect Donald Trump on “Meet the Press” Sunday, Dec. 8, 2024 (NBC News/YouTube). Background: Immigration records for Kilmar Abrego Garcia (WTTG/YouTube).</p>
</div>
<p>Kilmar Abrego Garcia, the <a href="https://lawandcrime.com/tag/maryland/">Maryland</a> man who was <a href="https://lawandcrime.com/opinion/beginning-to-assert-their-constitutional-authority-federal-judiciary-may-be-gearing-up-for-a-face-off-with-trump-administration/" target="_blank" rel="noopener">wrongly deported to El Salvador </a>by the U.S. government last month, is “alive and secure” at a notorious work prison there, the State Department insists — but his “future is up to” the Central American country, according to <a href="https://lawandcrime.com/tag/donald-trump/" target="_blank" rel="noopener">President Donald Trump</a>.</p>
<p>The facility, known as the Center for Terrorism Confinement (CECOT), has been described as a “black hole of human rights” and “steel pit” where terrorists, murderers and “psychopaths” are reportedly held, <a href="https://www.bbc.com/news/world-latin-america-68244963" target="_blank" rel="noopener">according to the BBC</a>.</p>
<p>Trump said on Saturday night that it was ultimately up to President Nayib Bukele, of El Salvador, to decide what to do with “barbarians” like Abrego Garcia, who were deported under an 18th-century wartime authority last month and placed in CECOT custody — Abrego Garcia mistakenly, despite the fact that he had legal permission to live in the U.S. as a protected resident of Maryland, with his wife and child both being U.S. citizens.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>“Looking forward to seeing President Bukele, of El Salvador, on Monday!” Trump wrote on the <a href="https://truthsocial.com/@realDonaldTrump/114327375256344311" target="_blank" rel="noopener">Truth Social</a> platform.</p>
<p>“Our Nations are working closely together to eradicate terrorist organizations, and build a future of Prosperity,” Trump said.</p>
<p>“President Bukele has graciously accepted into his Nation’s custody some of the most violent alien enemies of the World and, in particular, the United States,” Trump added. “These barbarians are now in the sole custody of El Salvador, a proud and sovereign Nation, and their future is up to President B and his Government. They will never threaten or menace our Citizens again!”</p>
<p>Attorneys for the Justice Department on Friday <a href="https://lawandcrime.com/high-profile/wholly-illegal-from-the-moment-it-happened-federal-judge-shreds-trump-admin-says-request-for-more-time-in-case-dad-deported-in-error-blinks-at-reality/">repeatedly stonewalled U.S. District Judge Paula Xinis on her inquiries</a> about Abrego Garcia, who was mistakenly deported on March 15 under the administration’s unprecedented use of the Alien Enemies Act of 1798.</p>
<p>The administration has defied Xinis’ order to bring Abrego Garcia home <a href="https://lawandcrime.com/high-profile/chief-justice-roberts-again-saves-trump-admin-allowing-president-to-fire-biden-appointed-board-members-for-now/">despite the U.S. Supreme Court on Thursday largely upholding her previous ruling</a> — requiring the DOJ to “facilitate” Abrego Garcia’s return to the country.</p>
<p>A major point of contention in the Abrego Garcia case has been Xinis’ use of the term “facilitate.”</p>
<p><a href="https://x.com/WashObserver/status/1910747776125985272" target="_blank" rel="noopener">Speaking to reporters on Friday</a>, White House Press Secretary Karoline Leavitt insisted that the Supreme Court had ruled that the administration was required to “facilitate the return, not to effectuate the return” of Abrego Garcia.</p>
<p>DOJ lawyers said in court that they had no information on Abrego Garcia’s location — and could not contradict the plaintiff’s assertion that he was in El Salvador — as the Justice Department was “still internally reviewing the Supreme Court’s decision” and “vetting” what it could say exactly to the court.</p>
<p>Xinis addressed that point in a <a href="https://storage.courtlistener.com/recap/gov.uscourts.mdd.578815/gov.uscourts.mdd.578815.57.0_1.pdf">written order</a> Friday morning, saying that the Trump administration’s “suggestion that they need time to meaningfully review a four-page order [from the Supreme Court] that reaffirms this basic principle [that Abrego Garcia’s deportation was illegal] blinks at reality.”</p>
<p>Per her written order, the judge demanded to know what steps the DOJ had taken to “facilitate” Abrego Garcia’s release, sparking a testy exchange.</p>
<p>“The defendants are not yet prepared to share that information,” Ensign responded, <a href="https://x.com/kyledcheney/status/1910741825855644145" target="_blank" rel="noopener">according to Politico reporter Kyle Cheney</a>.</p>
<p>“That means they’ve done nothing,” Xinis fired back. “The irreparable harm continues. I’m not sure what to take from the fact that the Supreme Court has spoken quite clearly, and yet I can’t get an answer today.”</p>
<p>Ensign reportedly suggested that Xinis give the government until Tuesday, April 15, to provide her with some answers, but noted that the response might “include assertions of privilege.”</p>
<p>The back-and-forth returned to the high court’s Thursday ruling, with Xinis reportedly saying: “We’re not going to slow-walk this. We’re not relitigating what the Supreme Court has already put to bed.”</p>
<p>Deputy Assistant Attorney General Drew Ensign replied, “We read the Supreme Court’s order differently.”</p>
<p><a href="https://lawandcrime.com/high-profile/these-barbarians-are-now-in-the-sole-custody-of-el-salvador-trump-official-insists-dad-deported-in-error-is-alive-and-secure-but-potus-says-his-future-not-up-to-us/‘Going to assassinate him myself’: Man ‘buying 1 gun a month since the election’ threatened to kill Trump in multiple YouTube comments under name ‘Mr Satan,’ FBI says" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘Going to assassinate him myself’: Man ‘buying 1 gun a month since the election’ threatened to kill Trump in multiple YouTube comments under name ‘Mr Satan,’ FBI says</strong></a></p>
<p>On Saturday, Michael Kozak — a senior State Department official who’s had alleged communications with the U.S. embassy in El Salvador — filed a <a href="https://www.documentcloud.org/documents/25895925-koazak-filing-abrego-garcia/" target="_blank" rel="noopener">two-page declaration</a> with the lower court, saying Abrego Garcia was alive and being held at the terrorism center, though further details could not be provided on what efforts were being made exactly to bring him back.</p>
<p>“I am aware that the instant lawsuit has been filed seeking the return of Kilmar Armando Abrego Garcia to the United States from El Salvador,” Kozak said.</p>
<p>“I provide this declaration based on my personal knowledge, reasonable inquiry, and information obtained from other State Department employees,” he explained. “It is my understanding based on official reporting from our Embassy in San Salvador that Abrego Garcia is currently being held in the Terrorism Confinement Center in El Salvador. He is alive and secure in that facility. He is detained pursuant to the sovereign, domestic authority of El Salvador. I declare under penalty of perjury that the foregoing is true and correct.”</p>
<p>On Friday, Trump suggested that he would return Abrego Garcia to the United States if that’s what was ordered by the Supreme Court.</p>
<p>“If the Supreme Court said bring somebody back, I would do that,” Trump told reporters on Air Force One, according to Politico. “I respect the Supreme Court,” the president said. “I have great respect for the Supreme Court. I’m not totally well versed as to the specific case, but if they said to bring him back, I would tell them to bring him back.”</p>
<p>Kozak’s update was filed 10 minutes after Xinis’ deadline Saturday.</p>
<p>While he did confirm that Abrego Garcia was “alive and secure” based on his “personal knowledge, reasonable inquiry, and information obtained from other State Department employees,” it’s unclear whether or not Kozak directly spoke with anyone who has seen Abrego Garcia or communicated with him directly.</p>
<p>The Maryland dad’s legal team filed court documents Saturday, asking that Xinis officially begin the process of contempt proceedings and start ordering them to adhere to specific requirements being asked of them by the courts.</p>
<p>“Defendants accordingly request that the Court order the Government to show cause why it should not be held in contempt for failing to comply with this Court’s orders, in accordance with its inherent authority,” Abrego Garcia’s lawyers said in a <a href="https://www.documentcloud.org/documents/25895923-motion-for-addiitional-relief-abrego-garcia/" target="_blank" rel="noopener">motion for additional relief</a>. “Plaintiffs request that the Court order the Government to take by end of the day Monday, April 14, 2025, the specific steps set forth above to comply with the injunction in this case; order expedited discovery as set forth above; and order the Government to show cause by 10 a.m. Monday, April 14, 2025 why it should not be held in contempt due to its failure to comply with the Court’s prior orders.”</p>
<p><a href="https://lawandcrime.com/high-profile/public-demands-for-transparency-under-law-doj-violating-foia-by-refusing-to-release-jeffrey-epstein-files-conservative-watchdog-says/" target="_blank" rel="noopener"><strong>More from Law&amp;Crime: ‘Public demands for transparency under law’: DOJ violating FOIA by refusing to release Jeffrey Epstein files, conservative watchdog says</strong></a></p>
<p>In their<a href="https://www.documentcloud.org/documents/25895924-proposed-order-abrego-garcia/" target="_blank" rel="noopener"> proposed order</a> on Saturday, Abrego Garcia’s team laid out four specific steps that the government should be required to take to comply with Xinis’ preliminary injunction.</p>
<p>First, the lawyers asked Xinis to order the government’s “agents and contractors” to release Abrego Garcia from custody in El Salvador “pursuant to the contract or arrangement providing for his detention there at the Government’s direction,” per the proposed order.</p>
<p>Next, the attorneys asked that “dispatch personnel” accompany Abrego Garcia upon his release from CECOT “to ensure his safe passage to the aircraft that will return him to the United States.” Third, they requested that air transportation be provided for Abrego Garcia to return to Maryland as he may not be in “current possession of sufficient identification” to board a commercial flight home.</p>
<p>Lastly, Abrego Garcia’s team asked that he be issued “parole pursuant to INA Section 212(d)(5), 8 USC § 1182(d)(5)” and that all paperwork and forms required to allow him to reenter the United States be provided for by the government.</p>
<p>“The Government should immediately produce contemporaneously prepared documents, in such form as they existed at the time of Abrego Garcia’s removal, sufficient to reflect the terms of any agreement, arrangement or understanding regarding the Government’s use of CECOT to house U.S. deportees,” the proposed order says.</p>
<p>“To the extent the Government contends that such documents do not exist, it should be ordered to produce a witness for Tuesday’s hearing who can testify from personal knowledge about the terms of the arrangement,” the order adds. “The Government should produce witnesses for Tuesday’s hearing from the Department of Homeland Security, Department of Justice, and Department of State who can testify from personal knowledge about (i) Abrego Garcia’s current physical location and custodial status; (ii) what steps, if any, the Government has taken to facilitate Abrego Garcia’s return to the United States; (iii) whether the Government has informed officials at CECOT that it wishes Abrego Garcia to be released into U.S. custody; and (iv) what, if any, additional steps the Government intends to take, and when, to facilitate Abrego Garcia’s return.”</p>
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<p><em>Jerry Lambe contributed to this report. </em></p>
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		<title>NY judge bars Trump from deportations via Alien Enemies Act</title>
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		<pubDate>Wed, 09 Apr 2025 17:44:58 +0000</pubDate>
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					<description><![CDATA[<p>President Donald Trump addresses a joint session of Congress on Capitol Hill in Washington, Tuesday, March 4, 2025 (AP Photo/Alex Brandon). When the U.S. Supreme Court on Monday vacated a temporary restraining order (TRO) prohibiting President Donald Trump from deporting Venezuelan migrants under an 18th century wartime authority, the ruling indicated the case would be [&#8230;]</p>
<p>The post <a href="https://homesafetytechpros.com/ny-judge-bars-trump-from-deportations-via-alien-enemies-act/">NY judge bars Trump from deportations via Alien Enemies Act</a> appeared first on <a href="https://homesafetytechpros.com">Home Safety Tech Pros</a>.</p>
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<div id="attachment_512416" style="width: 1210px" class="wp-caption alignnone"><img fetchpriority="high" decoding="async" aria-describedby="caption-attachment-512416" class="size-full wp-image-512416" src="https://am23.mediaite.com/lc/cnt/uploads/2025/03/AP25064588870589-1.jpg" alt="President Trump address Congress." width="1200" height="627"/></p>
<p id="caption-attachment-512416" class="wp-caption-text">President Donald Trump addresses a joint session of Congress on Capitol Hill in Washington, Tuesday, March 4, 2025 (AP Photo/Alex Brandon).</p>
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<p>When the <a href="https://lawandcrime.com/high-profile/an-extraordinary-threat-to-the-rule-of-law-justice-sotomayor-excoriates-inexplicable-decision-to-side-with-trump-admin-in-high-profile-deportation-case/">U.S. Supreme Court on Monday vacated</a> a temporary restraining order (TRO) prohibiting <a href="https://lawandcrime.com/tag/donald-trump/">President Donald Trump</a> from deporting Venezuelan migrants under an 18th century wartime authority, the ruling indicated the case would be adjudicated in Texas, where appeals are overseen by the most conservative federal circuit in the nation. However, a federal judge in <a href="https://lawandcrime.com/tag/new-york/">New York</a> on Wednesday issued a separate TRO one day after attorneys for the American Civil Liberties Union (ACLU) filed a class-action lawsuit in challenging the administration’s fast-tracked deportations under the Alien Enemies Act of 1798 (AEA) on behalf of two Venezuelan nationals currently being detained in the state.</p>
<p>U.S. District Judge Alvin Hellerstein granted the petitioners’ request to halt deportations of Venezuelan migrants under the AEA, according to a courtroom <a href="https://x.com/KlasfeldReports/status/1909990982252167519">report</a> from MSNBC legal contributor Adam Klasfeld. The TRO is not nationwide, reportedly only covering individuals currently detained in the Southern District of New York.</p>
<p>The two unnamed migrants, ages 21 and 32, filed the <a href="https://assets.aclu.org/live/uploads/2025/04/Petition-for-Habeas.pdf">21-page lawsuit</a> seeking the emergency ordering preventing the federal government from moving the plaintiffs out of the jurisdiction and from deporting any similarly situated migrants under the AEA.</p>
<p>According to the complaint filed in the Southern District of New York, in the wake of the Supreme Court’s vacating the TRO, the administration “is resuming its summary removals of Venezuelans who are in ongoing immigration proceedings, including Petitioners here, without any judicial review — including by this Court.”</p>
<p>“Respondents seek to move Petitioners in secret, without due process, to a prison in El Salvador known for dire conditions, torture, and other forms of physical abuse — possibly for life,” the complaint states.</p>
<p>The judge scheduled a hearing in the matter for Wednesday.</p>
<p>Trump on March 15, 2025, became the first president since World War II to invoke the AEA, which authorizes him to summarily remove “natives, citizens, denizens, or subjects” of a “hostile nation or government” when there is “declared war” against it or when it has “perpetrated, attempted, or threatened against the territory of the United States” an “invasion or predatory incursion.” In a controversial and novel use of the power, Trump declared the Venezuelan gang Tren de Aragua (TdA) had committed or attempted an “invasion” or “predatory incursion” such that any member of the group was summarily removable under the Act.</p>
<p>The administration asserted that the gang constituted a “hybrid criminal state” for purposes of invoking the AEA.</p>
<aside class="o-callout__recirculate o-callout"/>
<p>After the administration sent more than 100 accused gang members to a notorious work prison in El Salvador without due process, a federal judge in Washington, D.C., halted the use of the AEA hours after its invocation. A series of contentious court filings and hearings followed until the Supreme Court <a href="https://www.supremecourt.gov/opinions/24pdf/24a931_2c83.pdf">ruled 5-4</a> that the class action case should have been filed as individual habeas corpus petitions in Texas, where the migrants were being detained.</p>
<p>However, all nine justices were in agreement that, unlike the initial 137 migrants deported on March 15, any individuals the administration attempts to deport under the AEA going forward are entitled to notice and due process.</p>
<p>But the New York plaintiffs claim the government has not afforded them an opportunity to contest the designation as members of TdA.</p>
<p>“[S]ince the Supreme Court stayed that order on the basis that Petitioners had to proceed through habeas, Petitioners and others similarly situated to them are now all at imminent risk of removal,” the complaint states. “In fact, ‘the government in no uncertain terms [has] conveyed that — were the injunction lifted — it would immediately begin deporting the plaintiffs without notice.&#8221;”</p>
<p>Similar to the plaintiffs in the Washington, D.C., case, the ACLU is also arguing that Trump’s invocation of the AEA is an unlawful use of the wartime authority.</p>
<p>“[T]he AEA has only ever been a power invoked in time of war, and plainly only applies to warlike actions: it cannot be used here against nationals of a country — Venezuela — with whom the United States is not at war, which is not invading the United States, and which has not launched a predatory incursion into the United States,” the document states.</p>
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