The Trump administration ignores the judge’s order to change deportation aircraft: Fuentes

The administration of President Donald Trump made a calculated decision to ignore the directive of a judge to change around two flights containing hundreds of alleged members of Venezuelan gangs, sources familiar with the matter to ABC News said.

The verbal order of the main judge of the District Court of Washington, DC, James Boasberg, explicitly told the government to deliver any plane that had already left the country if it was still in the air.

“You will inform your customers of this immediately any plane containing these people who will take off or who is in the air needs to be returned to the United States,” Boasberg said during an audience on Saturday. “However, that is achieved, turning the plane or not embarking on anyone on the plane … This is something that must ensure that it is fulfilled immediately.”

Finding deportations would cause irreparable damage, Boasberg forbade the Trump Administration for “all non -citizens who are subject to the proclamation of the AEA” for at least 14 days, imposing a temporary or tro restriction order.

During that time, while the lawsuit makes its way through the courts, the application of immigration and customs is destined to keep non -citizens in their custody.

However, the main lawyers and administration officials made the determination that, since the flights were in international waters, the Basberg order did not apply.

The administration said the airplanes had to land due to “operational” and “national security” reasons, sources told ABC News.

It was during the audience that the two planes took off.

The sources said the administration wanted to put these airplanes in the air and international waters before any judge’s ruling.

However, press secretary Karoline Leavitt said Sunday night that the administration “did not refuse to comply with” a court order. “

She said the order was issued after the alleged members of the gang “had already been eliminated from the US territory,” arguing that “the written order and the administration’s actions do not conflict.”

“The federal courts generally have no jurisdiction on the conduct of the president of foreign affairs, their authorities under the law of Alien enemies and their main powers of article II to eliminate foreign terrorists from the American soil and repel a declared invasion,” Leavitt said in a statement.

Also on Sunday, the Trump administration asked the DC Circuit Court for a stay of Boasberg’s decision.

Administration officials argue that Boasberg lacked jurisdiction to enter the tro, which the administration describes in a presentation before the Court of Appeals as “unprecedented.”

“This court should stop this massive and not authorized imposition to the Executive’s authority to eliminate the people who had determined to be members of TDA, a group that the president and the Secretary of State have found a threat to national security. On board the flight, to whom the administration alleges are members of the Venezuelan gang Train of Aragua.

Trump announced on Saturday that he had signed a proclamation declaring that the train gang of Aragua was “carrying out an irregular war” against the United States and, therefore, would deport its members under the alien enemies law of 1798.

The stay argued that Trump’s actions invoking the AEA “are not subject to a judicial review” and that “there was no legal basis” for the court to order the implementation of the president’s proclamation.

“If this tro allowed to stand up,” the DOJ wrote in the presentation, “the district courts would have a license to order virtually any urgent national security action upon receiving a complaint of a complaint.”

The DC Circuit Court ordered that an answer to 5 PM by the lawyers representing the plaintiffs in the underlying case.