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Judge mandates Trump's action: Reinstate jailed migrant with asylum status from El Salvador
Who's up for a legal showdown? A judge in Maryland has ordered the return of a Venezuelan migrant, Cristian, who was deported by the Trump admin under questionable circumstances.
Last week, Judge Stephanie Gallagher, a magistrate appointed by Trump, called out the government for failing to adhere to due process. She noted that, back in November, she herself had approved a resolution to process Cristian's asylum application prior to any potential deportation. This applies to thousands of unaccompanied migrants who came to the US as minors and have applied for asylum.
This ruling could spark another standoff between the Trump administration and federal courts over immigration policies. Interestingly, another judge has already ordered the administration to facilitate the return of Kilmar Abrego García, a Salvadoran man who was deported erroneously.
The Trump administration, however, defends its actions, claiming that Cristian, Kilmar, and around 250 other migrants deported to El Salvador associated with criminal gangs. Thus, they have the right to expel them from the country based on the 1798 Alien and Sedition Acts. Consequently, the administration argues these individuals lose their right to asylum.
A Quick History Lesson: The Alien and Sedition Acts
Whether the Alien and Sedition Acts still have any bearing on contemporary immigration policies is worth pondering. Originating from the presidency of John Adams in 1798, these four laws targeted perceived threats from France and its supporters. Of these acts, the Alien Enemies Act remains in force, allowing the U.S. President to relocate or deport non-citizens from hostile nations during times of war.
Applying the Alien Enemies Act: A Modern Perspective
In the Trump era, the Alien Enemies Act has seen some use, not directly for deporting gang members, but rather through a proclamation targeting a Venezuelan gang. On March 15, Trump declared that members of the Tren de Aragua gang could be apprehended and removed. However, this was not specifically under the Alien Enemies Act itself[2].
The Great Debate: National Security vs. Civil Liberties
The use of the Alien Enemies Act in recent times raises important questions about national security, immigration policy, and civil liberties. Critics question whether these laws should continue to serve as executive tools for addressing perceived security threats, given their origins during the Quasi-War with France[5].
Bills Aimed at Repealing the Alien Enemies Act
Critics argue that the outdated laws infringe on civil liberties and, as such, there is an ongoing initiative to repeal them. Congresswoman Ilhan Omar and Senator Mazie Hirono have introduced the Neighbors Not Enemies Act, a proposed law aimed at dismantling the Alien Enemies Act[2].
Back to our story, Judge Gallagher ruled that Cristian could not be deported due to the agreement she signed last November. She even petitioned the President of El Salvador, Nayib Bukele, to formally submit a "good faith request" for Cristian's release and return to the U.S. Furthermore, she demanded that the immigration authorities stop deporting other migrants backed by the agreement.
However, the situation for Venezuelan migrants in El Salvador is dire, with Bukele proposing the deportation of 252 Venezuelan detainees held in prisons in exchange for Venezuelan political prisoners being held by the Maduro government.
It seems we have a complex web of politics and immigration policies unfolding, with various players jockeying for influence in an intricate dance of power, law, and diplomacy.
- Judge Stephanie Gallagher, in her ruling, questioned the government's failure to adhere to due process in the case of Venezuelan migrant Cristian, who was deported by the Trump administration.
- The Trump administration, in defense of its actions, claims that Cristian and other deported migrants were associated with criminal gangs, justifying their expulsion based on the Alien and Sedition Acts of 1798.
- Congresswoman Ilhan Omar and Senator Mazie Hirono have initiated a proposal, the Neighbors Not Enemies Act, aimed at dismantling the Alien Enemies Act, which they argue infringes on civil liberties.
- Despite Judge Gallagher's ruling, the situation for Venezuelan migrants in El Salvador remains dire, with President Nayib Bukele proposing the deportation of 252 Venezuelan detainees as a bargain for the release of Venezuelan political prisoners held by Maduro's government.
