A federal judge is weighing whether the Trump administration ignored his order regarding the deportation of hundreds of alleged Venezuelan gang members.
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.
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.
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WATCH HEREFrancisco 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.
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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.
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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.
"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.
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.
“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.”
