#DOJ returns to the idea that individual people can raise challenges under #HabeasCorpus.

[not exactly an option for people who are already in an El Salvadorian terrorist detention center!]

#Boasberg compares this to the old #Guantanamo cases, in which the courts were able to review whether a detainee was a member of Al Qaeda even if "they had never even set foot in the United States"

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

#Boasberg begins questioning #DOJ on #DueProcess infringements:

“What happens if govt removes someone who is not a member of Tren de Aragua?”

DOJ cites a case from 1946.

Boasberg asks what limits the DOJ thinks there are for determining who is subject to the #AlienEnemiesAct proclamation.

DOJ allows for very limited #HabeasCorpus.

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

#Boasberg: Within only a couple of hours planes cleared US airspace, all of these people were put on these flights & collected & the flights had taken off.

"ICE had to have had advance notice of this proclamation because it's impossible that this could have happened in a few hours"

#DOJ says that seems like "a reasonable inference”

[I’ll boost a post I made 3 days ago with a graphic of the timeline]
#law #Constitution #immigration #AlienEnemiesAct #DueProcess #Judiciary #Trump #AbuseOfPower

#Boasberg: "Why was this proclamation essentially signed in the dark? ...And then have people rushed onto planes? TO me, the only reason to do that is to” rush people out of the country before a suit is filed.

#DOJ: "I don't have operational details"
[FFS that’s what this & the last several hearings & orders have been about! argh!!!]

#law #Constitution #immigration #AlienEnemiesAct #DueProcess #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

#Boasberg: "I often tell my clerks before they go out into the world & practice law that the most valuable" attributes they have are "their reputation & their credibility.”
[burn]

Boasberg moves on to the underlying case. He says that nobody contests the President's ability to oversee #ForeignAffairs.

[of course this was not a foreign affair but domestic #immigration policy operation]

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