I listened to the oral arguments. The DOJ attorney refused to answer some of one of the judge's questions. For legal procedural grounds, the DOJ wants these cases to be individual habeas corpus cases filed by each detainee. The ACLU attorney was the same person who is on MSNBC on a regular basis. I suspect that he will be on Rachel tonight.
If the TRO is dissolved, the trumpies want individual detainees to each file habeas actions in the correct jurisdiction where such detainee is currently located even if the government will NOT tell their attorneys where these detainees are held. The government wants to resume the deportation of these detainees without notice if the TRO is dissolved. Habeas corpus is not a great remedy for this class which is why the DOJ wants to force the detainees/plaintiffs to use habeas. The ACLU is pushing for remedies other than habeas under the Administrative Procedures Act.
One of the judges in an earlier part of the oral argument noted that Nazis did get better treatment than the treatment afforded to these detainees
https://bsky.app/profile/nero-wolfe.bsky.social/post/3ll5fd53wtk2o
https://abcnews.go.com/US/appeals-court-hear-arguments-deportation-alleged-venezuelan-gang/story
The U.S. Court of Appeals for the D.C. Circuit is hearing arguments over the Trump administration's use of the Alien Enemies Act last week to deport more than 200 alleged members of a Venezuelan gang to El Salvador with no due process.
"There were plane loads of people. There were no procedures in place to notify people," Judge Patricia Millett said. "Nazis got better treatment under the Alien Enemies Act."
Judge Millett noted that alleged Nazis were given hearing boards and were subject to established regulations, while the alleged members of Tren De Aragua were given no such rights.
"There's no regulations, and nothing was adopted by the agency officials that were administering this. They people weren't given notice. They weren't told where they were going. They were given those people on those planes on that Saturday and had no opportunity to file habeas or any type of action to challenge the removal under the AEA," Judge Millet said. "What's factually wrong about what I said?".....
If the D.C. Circuit Court of Appeals overturns Boasberg's blocking of the president's use of the centuries-old wartime law, the Trump administration could exercise the authority to deport any suspected migrant gang member with little-to-no due process.
Lawyers representing the Venezuelan men targeted under Trump's proclamation have argued that the president exceeded his authority by using the Alien Enemies Act against a gang -- rather than a state actor -- outside of wartime.
The issue of whether the Alien Enemies Act applies was not before the DC Court of Appeals.
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