Breaking: Judge Boasberg Rules on Trump Admin's Motion to Vacate Order Blocking TdA Deportations

Judge James Boasberg, whose rulings regarding the Trump administration's efforts to remove Tren de Aragua (TdA) gang members from the country have placed him — and federal district court authority — squarely in the limelight over the past week and a half, has issued another ruling on the matter. Monday morning, Boasberg issued an Order denying the administration's motion to vacate his temporary restraining order (TRO) and included a 37-page memorandum with it, setting out his reasoning. 

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The order itself is very brief and simply states that the administration's motion to vacate the TRO is denied, and if the plaintiffs aim to convert the TRO to a preliminary injunction, they must advise the court of that by Wednesday. 

The full memorandum may be viewed here. In it, he sets out the factors he considered in making his determination. The crux of his reasoning is this: 

The Court need not resolve the thorny question of whether the judiciary has the authority to assess this claim in the first place. That is because Plaintiffs are likely to succeed on another equally fundamental theory: before they may be deported, they are entitled to individualized hearings to determine whether the Act applies to them at all. As the Government itself concedes, the awesome power granted by the Act may be brought to bear only on those who are, in fact, “alien enemies.” And the Supreme Court and this Circuit have long maintained that federal courts are equipped to adjudicate that question when individuals threatened with detention and removal challenge their designation as such. Because the named Plaintiffs dispute that they are members of Tren de Aragua, they may not be deported until a court has been able to decide the merits of their challenge. Nor may any members of the provisionally certified class be removed until they have been given the opportunity to challenge their designations as well. The Motion to Vacate will thus be denied.

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As noted, the court gave the plaintiffs until Wednesday to request that the TRO be converted to a preliminary injunction. When/if that occurs, we can expect the administration to appeal the injunction. 

This is a developing story. RedState will continue to monitor the matter and provide further updates as they become available. 

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