As reported by Axios, the administration disclosed on Wednesday its approach to adhering to a federal restraining order while continuing deportations. U.S. District Judge Brian E. Murphy, appointed by Biden, had mandated that individuals with final removal orders be allowed to present their case that deportation to a third country might jeopardize their safety.
Nevertheless, the administration found a loophole in the ruling: the judge’s order was directed solely at the Department of Homeland Security, excluding other federal agencies.
Leveraging that technicality, the administration moved forward with deportations via alternative methods. In particular, the administration circumvented Murphy’s order by employing the Department of Defense (DOD) to execute deportations, thereby evading the court’s limitations. In a court filing on Wednesday, a DHS attorney contended that because the DOD is not listed as a defendant in the case, the deportations it performed do not contravene the judge’s decision.
According to Axios, the filing mentioned two individuals who were deported to Mexico before Murphy’s order was issued. The document also contained a sworn statement from a DHS official, indicating that all deportations conducted after the judge’s order involved first transferring individuals to Guantanamo Bay, from where they were subsequently flown to El Salvador using military aircraft.
Axios highlighted that Murphy’s order initially represented a challenge for the Trump administration, which has been attempting to deport certain criminal illegal immigrants to countries other than their country of origin, such as El Salvador. The administration is utilizing the Alien Enemies Act to accelerate these deportations.
Individuals appointed to the federal judiciary pledge to defend the Constitution and the rule of law, rather than allegiance to any specific political party. Although numerous judges appointed by President Donald Trump and other Republican presidents have recently ruled against him, nearly all judges appointed by Democrats have invalidated several of his executive actions. This occurs despite Joe Biden facing significantly fewer legal challenges during his presidency. The genuine constitutional crisis stems from lawfare instigated by Democrats, rather than any actions taken by Trump, which reflects the desires of a majority of voters.
