Fox News legal analyst Gregg Jarrett said Monday evening that the U.S. Court of Appeals for the D.C. Circuit needs to understand that “an alien can be removed without a hearing.”
The U.S. Court of Appeals for the D.C. Circuit heard the Department of Justice’s (DOJ) request Monday to overturn U.S. District Judge James E. Boasberg’s temporary halt on deportations after President Donald Trump invoked the Alien Enemies Act of 1798 against Venezuelan gang Tren de Aragua (TdA) on March 15. On “Hannity,” Jarrett was asked by host Sean Hannity for his legal view on the case, as one of the judges on the panel said that Nazis received “better treatment” than the 200 migrants sent to El Salvador under the Alien Enemies Act.
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“Well, first of all, let’s start with today’s hearing. You know, I wasn’t surprised by the inflammatory, incendiary language by an appellate court judge,” Jarrett said. “It was intentional. Anytime you can use the word Nazi and Trump in the same sentence, then it’s a win-win. But the truth is, the president has unchallenged authority under the Alien Enemies Act.”
“The Supreme Court has reviewed it, as you pointed out, Sean, with Pam Bondi. The act precludes judicial review: ‘Courts may not pass judgment on the exercise of the president’s discretion,’” Jarrett added. “Yet, Boasberg, he doesn’t care. He’s defying the highest court in the land.”
The court battle between Boasberg and Trump’s DOJ began on March 15, when Boasberg attempted to halt deportations the same day Trump invoked the Alien Enemies Act. Boasberg called an emergency hearing, where he expanded his order to say that “all noncitizens in U.S. custody” were not to be deported.
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According to CBS News, however, Boasberg verbally suggested that deportation flights should be returned, but it was not included in his written order. Due to the verbal response, the timeline of when the planes departed was then disputed between the DOJ and the judge.
“He [Boasberg] claims, ‘Oh, it’s a terrible attack on due process,’” Jarrett said. “No, it’s not, because under this singular law passed by Congress, an alien can be removed without a hearing. Yet, the appellate court was so unbothered by any of that today.”
During the oral arguments on Monday, Circuit Judge Patricia Millett of the U.S. Court of Appeals for the D.C. Circuit said that there “were no procedures in place to notify people,” before adding that Nazis were treated better under the act.
Jarrett went on to say, however, that one judge on the panel had been on the “right track” as he asked, “whether the D.C. court itself has jurisdiction.”
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“Guess what? They don’t. The plaintiffs were in Texas when their petition was filed. Under the law, only a federal court in Texas has jurisdiction, not Washington,” Jarrett said.
“Unfortunately, as I say, the exaggerated verbal attacks on Trump, very intentional by the judge, took center stage. I really don’t have confidence in this D.C. court. They got the immunity case wrong,” Jarrett added. “That seems to be their habit, getting cases wrong, and the Supreme Court has to clean it up.”
The decision from the appellate judges is expected in the coming days, according to ABC News. If the ruling does not favor the DOJ then the department will have the option to appeal to the U.S. Supreme Court.
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First published by the Daily Caller News Foundation.
