A Federal Court of Appeals has ruled on Tuesday that the president of the USA, Donald Trump, cannot resort to a law of eighteenth -century war times to accelerate the deportation of people to whom his administration accuses of belonging to a Venezuelan band. The decision thus blocks a key initiative of the Trump administration, which will end up arriving at the Supreme Court, where the US president has a majority of 6 to 3.
A panel of three judges of the Court of Appeals of the Fifth Circuit of the United States, one of the most conservative federal courts of the country, has agreed to a decision, by 2 to 1, which agrees with that of the lawyers defense of the rights of migrants and, also, with that of the judges of lower courts that argued that the law of foreign enemies of 1798 was not destined to be used against gang Aragua Train, the Venezuelan group to which Trump referred to in his March invocation.
From Aragua's train, the boat was allegedly sunk on Tuesday by the US army in international waters with 11 people on board with the argument that it was loaded with drugs.
Lee Gelernt, who defended the case on behalf of the ACLU (American Union for civil liberties), he said, collects Associated Press: “The use by the Trump administration of a law of war times in peacetime to regulate migration has been correctly rejected by the court. It is a decision of vital importance that slows the opinion of the administration that can simply declare an emergency without any emergency without any emergency without any emergency part of the courts ”.
The Trump administration deported people designated as members of the Aragua train to a well -known Macrocárcel de El Salvador where, as the US courts could not order their release.
In an agreement announced in July, more than 250 of deported migrants returned to Venezuela. By virtue of that agreement, in addition, the USA managed to get the triple murderous of Usera (Madrid) out of Venezuelan prisons.
The foreign enemies law has only been used three times in the history of the United States, AP reports, all of them in times of war: in the war of 1812 and in the two world wars. The Trump administration argued, without success, that the courts cannot question the determination of the president that the Aragua train was linked to the Government of Venezuela and represented a danger to the United States, which justified the use of the law.
The sentence can be appealed to the plenary session of the fifth circuit or directly before the Supreme Court of the United States, which will end up making the final decision on the matter.
