Introduction to the Controversy
A federal judge pressed a Department of Justice lawyer Monday over why the Trump administration ignored his order regarding the deportation of hundreds of alleged Venezuelan gang members. And now officials say that those deported may have been charged with crimes, but not necessarily convicted.
The Case of Francisco Javier Garcia
One family in Venezuela is wondering why a loved one was sent to El Salvador when they claim he doesn’t have a criminal record. Francisco Javier Garcia was part of the hundreds of Venezuelans the Trump Administration alleged are gang members who were deported over the weekend, his family said. They claim he does not have a criminal record in Venezuela or the United States.
Allegations of Rights Violation
They argued his rights are being violated as he was told he would be deported to Venezuela, not El Salvador. The president is claiming authority to do this, citing the Alien Enemies Act – from 1798 – which has only been used in times of war. "Well this is a time of war because (Joe) Biden allowed millions of people, many of them criminals," Trump said.
Conflict with the Courts
Now the white house is locked in a fight with the courts. A federal judge quickly blocked the move, ordering the deportation flights back to the U.S. But they did not return. The Trump administration says it did not defy a court order, appealing the judge’s ruling, and arguing it was issued after the planes had left U.S. territory.
Constitutional Concerns
"I believe that this could be the beginning of a constitutional crisis," said Joseph Malouf, a constitutional attorney. Malouf says the country should be deeply concerned. “So now you have somebody who is allegedly breaking the law; he’s in charge of enforcing the same law. That is a conflict and that is a crisis at a constitutional level," Malouf said.
Lack of Transparency
During the back and forth, the White House has not identified those deported or provided proof of their crimes. Critics say it’s a violation of the 14th Amendment. “Many people who are being picked up, may or may not be members of the gangs, may or may not have committed a crime and that is why have adjudications to determine what the person has done, who has done it and what the punishment should. This is completely different from our system and it is why he’s doing it outside of the country," Malouf said.
Response from the White House
“Customs and Border Patrol and ICE and the Department of Homeland Security are sure about the identities of the individuals who were on these planes and the threat that they pose to our homeland," White House press secretary Karoline Leavitt said. The White House confirmed U.S. taxpayers are paying El Salvador $6 million to house the 261 people who were deported. Out of the 261 people deported, 101 were deported were deported over “regular immigration proceedings.”
Conclusion
The deportation of alleged Venezuelan gang members by the Trump administration has sparked controversy and concerns over constitutional rights. The case of Francisco Javier Garcia highlights the need for transparency and due process in deportation proceedings. As the legal battle continues, the country waits to see how this situation will unfold and what implications it may have for the future of immigration policy.
FAQs
Q: What is the Alien Enemies Act?
A: The Alien Enemies Act is a law from 1798 that has been used in times of war to deport individuals deemed a threat to national security.
Q: How many people were deported to El Salvador?
A: 261 people were deported to El Salvador, with 101 of them being deported over regular immigration proceedings.
Q: How much are U.S. taxpayers paying El Salvador to house the deported individuals?
A: U.S. taxpayers are paying El Salvador $6 million to house the 261 people who were deported.
Q: What are the concerns surrounding the deportation of Francisco Javier Garcia?
A: Garcia’s family claims he does not have a criminal record and that his rights are being violated as he was told he would be deported to Venezuela, not El Salvador.
