United States President Donald Trump on Friday denied signing a proclamation invoking the 1798 Alien Enemies Act to deport alleged Venezuelan gang members to a maximum-security prison in El Salvador, despite official records indicating otherwise.
His remarks came just hours after a federal judge described his use of the law as “incredibly troublesome.”
Last weekend, the Trump administration invoked the rarely used AEA, a wartime law, to deport 238 men it alleged were members of the Venezuelan gang Tren de Aragua. The White House press secretary initially stated that Trump had “signed a Proclamation Invoking the Alien Enemies Act,” and the document bearing his signature appeared in the Federal Register.
However, speaking to reporters on Friday, Trump suggested that his secretary of state was more involved in the decision.
“I don’t know when it was signed because I didn’t sign it. Other people handled it,” Trump said.
He also credited Republican Senator Marco Rubio for the move, stating, “Marco Rubio has done a great job and he wanted them out and we go along with that.”
Earlier in the day, Chief Judge James Boasberg of the US District Court in Washington expressed serious concerns about Trump’s use of the AEA.
“The policy ramifications of this are incredibly troublesome and problematic and concerning,” Boasberg said during a court hearing.
He noted that the law had only been used in the War of 1812, World War I, and World War II, when the United States had formally declared war and identified clear enemies.
Last weekend, Boasberg issued an emergency order halting the deportations, even requiring two flights already in the air to turn around. The Justice Department, however, argued that the planes were in international airspace when the judge’s order was issued, rendering it ineffective.
Trump responded with outrage, calling for Boasberg’s impeachment on Tuesday and labeling him a “troublemaker and agitator.”
His comments drew a rare rebuke from Supreme Court Chief Justice John Roberts, who countered, “Impeachment is not an appropriate response to disagreement concerning a judicial decision.”
The American Civil Liberties Union and other rights groups have challenged the deportations in court, arguing that they lacked due process.
Lee Gelernt, an ACLU attorney, pointed out that even during World War II, hearings were granted to those affected.
“It was not this summary removal,” Gelernt said. “You have to be able to contest. Otherwise, anyone could be taken off the street.”
Attorneys representing some of the deported Venezuelans have argued that their clients were not gang members, had committed no crimes, and were targeted solely based on their tattoos.
Boasberg, expressing frustration over the administration’s lack of cooperation, stated, “The government’s not being terribly cooperative at this point, but I will get to the bottom of whether they violated my order.”
Despite denying signing the proclamation, Trump defended the decision to deport the individuals under the AEA.
“I was told that they went through a very strong vetting process,” he said. “This was a bad group… killers, murderers and people that were really bad with the worst records you’ve ever seen.”
Meanwhile, The New York Times reported that nearly the entire civil rights branch of the Department of Homeland Security was fired on Friday. The department’s Office for Civil Rights and Civil Liberties had been responsible for overseeing the administration’s immigration enforcement policies.