"It is my understanding based on official reporting from our Embassy in San Salvador that Abrego Garcia is currently being held in the Terrorism Confinement Center in El Salvador," it said. "He is alive and secure in that facility. He is detained pursuant to the sovereign, domestic authority of El Salvador."

"It is well established that the #FifthAmendment entitles aliens to #DueProcess of #law" in the context of removal proceedings.…So, detainees are entitled to notice & opportunity to be heard "appropriate to the nature of the case."…More specifically … #AEA detainees must receive notice…that they are subject to removal under the Act. The notice must be afforded within a reasonable time & in such a manner as will allow them to actually seek #habeas relief….

In the #Trump admin’s #SCOTUS application, it refers to Abrego Garcia as an “enemy alien.”

The government has claimed that Garcia was removed under the #Immigration & Nationality Act, NOT the #AlienEnemiesAct.

The Trump admin has also claimed he’s a member of M13 which is NOT covered by the #AEA, only Tren de Aragua.

https://www.documentcloud.org/documents/25881144-24a949/

Here is the document (exhibit 1, p.7) included in the court filing from the court’s website:

https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.67.21.pdf

Well done Rep #JoaquinCastro!

During the #House #Intelligence Cmte hearing, #Castro asked #TulsiGabbard why #Venezuela was not included in the annual #ThreatAssessment Report. Castro cited #Trump’s invocation of the #AlienEnemiesAct to conduct #MassDeportations & Trump’s claim that he could invoke the #AEA because he believes we are at #war with Venezuela. Castro asked #Gabbard that if we are at war with a country how is it possible that they didn’t warrant entry in the assessment.

Holy crap

In a new affidavit in #AEA by someone turned around in #ElSalvador, they swear the following:

"Within a couple of minutes of take off I heard two US government officials talking and they said 'there is an order saying we can’t take off but we already have.'"

https://storage.courtlistener.com/recap/gov.uscourts.dcd.278436/gov.uscourts.dcd.278436.55.1_2.pdf

“Does the government agree that they’re entitled to notice that they are being removed based on their status as a member of Tren de Aragua under the president’s proclamation under the (#AEA) & an opportunity to challenge that before they are removed from the United States?” appeals court Judge Patricia Millett asked DOJ atty Drew Ensign.

Reminder #Boasberg’s order is a TEMPORARY Restraining Order, to halt removals under the #AEA until he has time to find the facts, consider #law & its implementation.

The multiple emergency hearings over the last week have been regarding the #Trump admin’s refusal to obey the order.

#Trump admin argues that relief can only be sought by #HabeasCorpus.

Judge asks why not #DueProcess? If individual’s argument is that they should not be subject to #AEA then habeas is not the correct path. The individuals are being removed not detained. They aren’t even arguing against their detention, they’re objecting to their removal to an #ElSalvador prison. Without process they aren’t being given opportunity to defend their removal subject to the AEA.

Judge just said “#Nazis got better treatment under the #AEA”

They had hearing boards.

The people #Trump deported had no opportunity to apply for habeas. The planes started leaving 2 hours after Trump’s proclamation was signed.

#DOJ is back up briefly for a hypothetical presented by Boasberg about whether the #AlienEnemiesAct could apply to Chinese fishermen under their interpretation of the #AEA. They agreed it could.

Court is adjourned for the day.

#law #Constitution #immigration #DueProcess #Judiciary #Trump #AbuseOfPower

#Boasberg interjects to say that a big question here is about TdA membership, determining who is covered by the #AEA.

Boasberg to #ACLU: I agree that the policy implications of this are incredibly troubling, problematic, concerning....it's an unprecedented & expanded use of the Act

#law #Constitution #immigration #AlienEnemiesAct #DueProcess #Judiciary #Trump #AbuseOfPower

#DOJ argues that, hypothetically, people subject to #AlienEnemiesAc could contest that via a habeas claim. But says that the current suit (a class action) shouldn't be allowed (not brought by individual)

#Boasberg asks about #torture claims: Why can't the plaintiffs bring that related to the #AEA removals?

DOJ says that such a claim needs to be brought as part of a #HabeasCorpus petition.

[again, not easy to do from #CECOT)

#law #Constitution #immigration #Judiciary #Trump #AbuseOfPower

#Boasberg: “It is also clear that individuals must have a chance to show that they are members of a class that #AEA" affects.

#DOJ finally concedes that the government has legal avenues for deporting people subject to the #AlienEnemiesAct & that the court has allowed the #Trump admin to do so.

[you know, the way it is supposed to be done]

[TYVM]

#law #Constitution #immigration #DueProcess #Judiciary #AbuseOfPower

“[The govt] submitted a 6-paragraph declaration from the Acting Field Office Director for Enforcement & Removal Operations at ICE's Harlingen, TX, Field Office…. After 4 paragraphs of identifying info, he repeated the same general info about the flights: 'On March 15, 2025, 2 flights carrying aliens being removed under the #AEA departed US airspace before the Court's minute order of 7:25PM EDT, & before the Court's oral statements during the hearing.'

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

Lee then says they're going to argue that the government should be required to give anyone subject to the #AEA a hearing before finding that they're covered, & they'll be seeking that later.

#Boasberg orders #DOJ to say how many people are designated under AEA. DOJ says again they may refuse.

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