Texas Attorney General Joins 25 States in Urging Federal Appeals Court to Allow Deportation of Alleged Venezuelan Gang Members
AUSTIN — Texas Attorney General Ken Paxton joined 25 states urging a federal appeals court to allow President Donald Trump’s administration to deport alleged Venezuelan gang members using a war powers act.
The filing, led by the South Carolina Attorney General, in the U.S. Court of Appeals for the D.C. Circuit asks the appeals court to overturn a nationwide injunction issued Saturday by James Boasberg, the chief judge for the U.S. District Court in D.C.
On Friday, Trump signed a proclamation invoking the Alien Enemies Act of 1798 to target and deport alleged members of the Tren de Aragua gang.
Background Information
Related: What we know about Venezuelan gang Tren de Aragua in Texas
Reaction from Texas Attorney General Ken Paxton
Paxton, a dedicated supporter of Trump and his immigration policies, said in a news release that “left-wing judicial activists” are interfering with Trump’s immigration policies and endangering the lives of Americans.
“For years, Texas suffered the consequences of Biden’s failure to secure the border, and now a liberal judge is attempting to stop President Trump from taking decisive action,” Paxton said. “A radical district court judge has no power to dictate foreign policy and national security, and I fully support President Trump’s effort to keep America safe.”
Arguments Presented by the States
In the 18-page filing, the states argue that Boasberg’s injunction undermines the security of the people of the states.
“The experiences of the States bolster and support the President’s findings on this point, as the states and their citizens have been subject to escalating acts of violence,” according to the filing.
The attorneys general also argued that Boasberg’s ruling undermined Trump’s constitutional authority when it comes to foreign affairs and national security.
“Both sources of authority provide the independent bases for meeting the threat of TdA,” the filing read.
Controversy Surrounding the Ruling
Paxton’s criticism of Boasberg followed calls from Trump and other officials that the judge should be impeached for ruling against the president.
Related: Texas congressman Brandon Gill pushes to impeach judge over ruling against deportations
U.S. Supreme Court Chief Justice John Roberts issued a rare statement Tuesday rejecting the president’s call for impeaching Boasberg, who was appointed by former President Barack Obama in 2011.
Deportations Under the Alien Enemies Act
On Saturday, Boasberg ordered a 14-day freeze on the administration deporting anyone under the wartime act.
However, three flights — two of which carried deportees — departed the United States and landed in El Salvador. On Monday, White House press secretary Karoline Leavitt said 261 people were on the flights and 137 of them were deported under the Alien Enemies Act.
Trump administration officials have said most of the individuals deported were members of the Venezuelan gang. Officials offered few details on how they knew the individuals removed were members of Tren de Aragua.
In a sworn statement filed Monday night, Robert Cerna, a top official with Immigration and Customs Enforcement, said that “many” Venezuelans accused of being gang members had no criminal records in the United States but that does not mean they do not pose a threat.
“In fact, based upon their association with Tren de Aragua, the lack of specific information about each specific individual actually highlights the risk they pose,” Cerna said.
Conclusion
The controversy surrounding the deportation of alleged Venezuelan gang members using the Alien Enemies Act of 1798 continues to unfold. The filing by the 25 states, led by Texas Attorney General Ken Paxton, argues that the nationwide injunction issued by Judge Boasberg undermines the security of the people of the states and Trump’s constitutional authority. As the situation develops, it remains to be seen how the federal appeals court will rule on the matter.
Frequently Asked Questions
Q: What is the Alien Enemies Act of 1798?
A: The Alien Enemies Act of 1798 is a law that allows the president to deport non-citizens deemed a threat to national security during times of war or national emergency.
Q: Who is Judge James Boasberg?
A: Judge James Boasberg is the chief judge for the U.S. District Court in D.C., appointed by former President Barack Obama in 2011.
Q: What is the Tren de Aragua gang?
A: The Tren de Aragua gang is a Venezuelan gang that has been accused of violent crimes and has been targeted by the Trump administration for deportation.
Q: How many people were deported under the Alien Enemies Act?
A: According to White House press secretary Karoline Leavitt, 137 people were deported under the Alien Enemies Act, with most of them being members of the Tren de Aragua gang.
