A federal judge has criticized the White House’s defense for not recalling deportation flights of hundreds of suspected Venezuelan gang members, calling it a ‘one heck of a stretch’.
The Trump administration claimed to a federal judge on Monday that it did not recall deportation flights of hundreds of suspected Venezuelan gang members over the weekend despite his specific instructions because that was not expressly included in the formal written order issued afterwards.
Deportation is the forced removal of a non-citizen from a country.
According to the International Organization for Migration, an estimated 281 million people lived outside their countries of birth in 2020.
The United States has one of the largest deportation systems, with over 360,000 deportations in 2019 alone.
Deportation can be due to various reasons, including immigration violations, crimes committed by non-citizens, or national security concerns.
The Administration’s Explanation
Administration claims it didn’t stop flights despite judge’s instructions because he did not write it in the formal order
“Oral statements are not injunctions and the written orders always supersede whatever may have been stated in the record,” Abhishek Kambli, the deputy assistant attorney general for the justice department’s civil division, argued for the administration.
The Judge’s Skepticism
An incredulous Boasberg at one stage asked the administration: “Isn’t then the better course to return the planes to the United States and figure out what to do, than say: ‘We don’t care; we’ll do what we want’?”
Skepticism is a crucial component of sound judgment, encouraging individuals to question assumptions and consider alternative perspectives.
It involves critically evaluating evidence and arguments, rather than accepting information at face value.
In the context of judging others or making decisions, skepticism helps prevent hasty conclusions and promotes more informed choices.
Research suggests that skeptical thinking can improve critical thinking skills, reduce the influence of cognitive biases, and enhance decision-making accuracy.
Background of the Deportations
The showdown between the administration and the judge reached a crescendo over the weekend after the US president secretly invoked the Alien Enemies Act of 1798 to deport, without normal due process, Venezuelans over age 14 who the government says belong to the Tren de Aragua gang.
The underlying basis for Trump to invoke the statute is unclear because it historically requires the president to identify a state adversary, and Boasberg on Saturday issued a temporary restraining order blocking deportations of five Venezuelans who had filed suit against the government.
Recall of Deportation Flights
By the time of the hearing, two flights had already taken off and a third flight left after Boasberg issued his ruling. All three flights landed in El Salvador, where the deportees were taken to a special maximum security prison, after Boasberg issued his written order.
The Administration’s Response
“You felt that you could disregard it because it wasn’t in the written order. That’s your first argument? The idea that because my written order was pithier so it could be disregarded, that’s one heck of a stretch,” Boasberg said.
The Judge’s Authority
The administration also suggested that even if Boasberg had included the directive in his written order, by the time he had granted the temporary restraining order, the deportation flights were outside of the judge’s jurisdiction.
A judge's authority is derived from their role as an impartial interpreter of the law.
In a courtroom, judges preside over trials and hearings, ensuring that all parties are given a fair hearing.
They have the power to rule on matters of law, admit or exclude evidence, and impose sentences.
Judges' decisions can be appealed, but they remain responsible for upholding the law and maintaining order in the court.
In the United States, for example, federal judges are appointed by the President and confirmed by the Senate.
