Nonilex (@Nonilex@masto.ai)

6h

NEW. The #Trump admin files its notice w/ Judge #Boasberg, saying:

1. Everyone on the third plane had a final order of removal, so was not deported under the #AEA

2. The Proclamation was signed Friday but didn't go into effect until posted on the WH website

3. #ICE alleges there are 258 known #TdA members in the US

#law #Constitution #AlienEnemiesAct #immigration #14thAmendment #5thAmendment #DueProcess #Venezuela #CivilRights #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower

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6h

4. #Trump #DOJ says they will only give Judge #Boasberg answers on #compliance "through an in camera & ex parte declaration." (that is, they say will file a non-public declaration that he alone can see). They still give zero specific reasons other than handwaving at national security.

#law #Constitution #immigration #AlienEnemiesAct #14thAmendment #5thAmendment #DueProcess #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower

The Court also ordered the Government to address the form in which it can provide further details about flights that left the United States before 7:25 PM. The Government maintains that there is no justification to order the provision of additional information, and that doing so would be inappropriate, because even accepting Plaintiffs’ account of the facts, there was no violation of the Court’s written order (since the relevant flights left U.S. airspace, and so their occupants were “removed,” before the order issued), and the Court’s earlier oral statements were not independently enforceable as injunctions. The Government stands on those arguments. Moreover, given that the Government’s motion for a stay remains pending before the D.C. Circuit, the Government should not be required to disclose sensitive information bearing on national security and foreign relations until that motion is resolved, especially given that this information is neither material nor timesensitive. If, however, the Court nevertheless orders the Government to provide additional details, the Court should do so through an in camera and ex parte declaration, in order to protect sensitive information bearing on foreign relations.

ALT

Edited 6h ago

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6h

Here's the government's notice:

https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.28.0_1.pdf

And here's the accompanying declaration with the data:

https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.28.1.pdf

#law #Constitution #immigration #AlienEnemiesAct #14thAmendment #5thAmendment #DueProcess #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump

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6h

Essentially the #DOJ told Judge #Boasberg that it does not need to provide the Court with any additional info (despite being ordered to do so) b/c "there was no violation of the Court's *written* order (since the relevant flights left US airspace, & so their occupants were 'removed,' before the order issued)"

DOJ then said the Court's oral pronouncements prior to the written order being docketed "were not independently
enforceable as injunctions"

[this is bullshit]
#law #Judiciary #Trump

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6h

#DOJ also argued that b/c it filed for a stay before the appeals court, it "should not be required to disclose sensitive information bearing on national security & foreign relations until that motion is resolved, especially given that this information is neither material nor time-sensitive."

[Not time-sensitive? They were literally flying people out if the country as fast as they could to avoid complying with the court’s order]

#law #immigration #AlienEnemiesAct #DueProcess #Judiciary #Trump

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6h

The #UnitedStates Govt Affidavit provides an explanation for the third flight leaving after #Boasberg’s orders:

"[A]ll individuals on that third plane had Title 8 final removal orders."

That means this flight complied with the order.

#law #Constitution #immigration #AlienEnemiesAct #14thAmendment #5thAmendment #DueProcess #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump

On March 15, 2025, after the Proclamation was publicly posted and took effect, three planes carrying aliens departed the United States for El Salvador International Airport (SAL). Two of those planes departed U.S. territory and airspace before 7:25 PM EDT. The third plane departed after that time, but all individuals on that third plane had Title 8 final removal orders and thus were not removed solely on the basis of the Proclamation at issue. To avoid any doubt, no one on any flight departing the United States after 7:25 PM EDT on March 15, 2025, was removed solely on the basis of the Proclamation at issue, ICE carefully tracks the TdA

ALT

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6h

From the Sat night hearing:

#UnitedStates Govt attorney:

"Would this TRO apply to aliens that otherwise have final orders of removal, because from our perspective, that would be an independent basis to effectuate their removal?"
...
Judge #Boasberg: "That's fair. ... Yes, Mr. Ensign, I agree."

#law #Constitution #immigration #AlienEnemiesAct #14thAmendment #5thAmendment #DueProcess #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump

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6h

There are still serious concerns about the prior two flights WITH *alleged* [w/o #DueProcess there’s no way to verify & family members & attorneys have said the allegations are false in many cases] #AlienEnemiesAct detainees onboard that continued despite the judge's order.

#law #Constitution #immigration #14thAmendment #5thAmendment #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower #Trump

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6h

They were not DEPORTED. Deported means sending them back to their country of origin. These people were sent to a maximum security #prison in #ElSalvador, without any #DueProcess or any analysis as to whether they feared harm there.

Flying a person to a third country that they may never have been to, directly into a prison where they are going to be forced to do hard labor, is not a #deportation; it's something else entirely.

#law #Constitution #immigration #AlienEnemiesAct #CivilRights #Trump

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6h

Per Asha Rangappa:

Historical note: When President Lincoln *actually suspended* #HabeasCorpus under the Suspension Act of 1863, he was required to provide lists of all people detained who were not POWs to the circuit court. He complied. While prosecuting an *actual war*.

(Ex parte Milligan - https://www.law.cornell.edu/supremecourt/text/71/2%26nbsp)

#law #Constitution #immigration #AlienEnemiesAct #14thAmendment #5thAmendment #DueProcess #CivilRights #ChecksAndBalances #Judiciary #SeparationOfPowers #AbuseOfPower #Trump

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6h

From Southpaw:

The #UnitedStates government under #Trump by all accounts is shipping these people into indefinite involuntary servitude in #ElSalvador without even the pretense of any #judicial process, much less duly convicting them of a #crime. It’s an enslaving operation.

It is #HumanTrafficking.

#law #Constitution #immigration #AlienEnemiesAct #14thAmendment #5thAmendment #DueProcess #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #AbuseOfPower

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3h

In response to the #DOJ's filing today in the #AlienEnemiesAct case, Judge #Boasberg ordered the #Trump admin to send him a sealed explanation of whether they in fact violated his court order.

https://www.courtlistener.com/docket/69741724/jgg-v-trump/

#law #Constitution #immigration #14thAmendment #5thAmendment #DueProcess #Venezuela #CivilRights #ChecksAndBalances #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #ConstitutionalCrisis #AbuseOfPower #Trump

Here is the new minute entry in #JGGvTrump:

J.G.G. v. Trump (can president deport at will?): MINUTE ORDER: In response to Defendants' 28 Notice at page 2, the Court ORDERS that by 12:00 p.m. on March 19, 2025, Defendants shall file ex parte & under seal (or submit to the Court) a declaration providing the following details regarding each of the two flights leaving U.S. airspace before 7:25 p.m. on March 15, 2025: 1) What time did the plane take off from U.S. soil and from where? 2) What time did it leave U.S. airspace? 3) What time did it land in which foreign country (including if it made more than one stop)? 4) What time were individuals subject solely to the Proclamation transferred out of U.S. custody? and 5) How many people were aboard solely on the basis of the Proclamation? So ORDERED by Chief Judge James E. Boasberg on 3/18/2025. (lcjeb1)

ALT

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23m

This is some messed up dystopian stuff

Photos of the #Venezuelans illegally *deported* by #Trump under the #AlienEnemiesAct to the maximum security prison Terrorist Confinement Centre (#CECOT) in Tecoluca, #ElSalvador

Photos, released by the Presidencia El Salvador.

#law #Constitution #immigration #14thAmendment #5thAmendment #DueProcess #CivilRights #JudicialBranch #Judiciary #SeparationOfPowers #CoEqualBranchesOfGovernment #ConstitutionalCrisis #AbuseOfPower #HumanTrafficking #Slavery