A federal judge appointed by President Obama has ordered the Trump administration to facilitate the return of more than 100 migrants deported to a mega prison in El Salvador, including paying for their airfare.
Fox News anchor Dana Perino outlined the ruling during a segment discussing the case.
“A judge appointed by President Obama ordering the Trump administration to help more than 100 migrants deported to a mega prison in El Salvador return to the United States and even pay their airfare. Airfare,” Perino said.
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She then read from the court’s language regarding the requested remedy.
“Plaintiffs also request that such boarding letters include government payment of the cost of the air travel,” Perino said, adding, “The court deems that a reasonable request, the situation would never have arisen had the government simply afforded plaintiffs their constitutional rights before initially deporting them.”
Perino noted that the Department of Homeland Security disputed that characterization.
“The Homeland Security spokesperson said they were removed under the proper legal authorities,” she said.
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She also referenced prior rulings involving the same judge.
“The case is no longer about the facts or law, but about Boasberg’s crusade to stop Trump. He has been shut down by appellate courts again and again on this case,” Perino said.
Perino then raised a practical question about the financial implications if the government ultimately loses.
“It seems reasonable to me that if the government were to ultimately lose this case, yes, of course, then they have to pay the bill,” she said.
Legal analyst Jonathan Turley responded by acknowledging the appellate history while pointing to Supreme Court precedent.
“Right Dana,” Turley said.
“I think that it’s true that Judge Boasberg has been reversed by court of appeals courts.”
He added, “But the Supreme Court has also said that these individuals do have certain due process rights that have to be respected before deportation.”
Turley also noted what he described as irony in the broader political context.
“The irony is, of course, the Democrats are moving to shut down the government,” he said.
“So I’m not too sure how the reimbursement is going to work when the government itself is shut down.”
Turley said there were “layers of irony” in the situation.
“You’re not only going to have the US government paying to bring back someone who is here illegally,” he said.
“But they’re likely to hold that person because they believe these people are terrorists once they arrive.”
He acknowledged the legal protections involved.
“Yes, they’re entitled to due process,” Turley said.
“But there’s really not much question what will happen for most of these people. They are not supposed to be here and they can be removed.”
Turley then shifted to criticism of Congress.
“The problem here really shows this lack of effort by Congress or success to streamline the system,” he said.
“These are individuals that can really game the system and have hearing after hearing and extending their time in the United States,” Turley added.
“And that’s because Congress has yet to really streamline that system to give officials the ability to move people out more expeditiously.”
Perino asked whether an appeal would delay any potential return.
“So assuming then the government would appeal this so these individuals would not be coming back anytime soon?” she said.
Turley said there were additional complications beyond the courtroom.
“I don’t think so,” he said.
“But also, I’m not too sure El Salvador is going to want to release them.”
He added, “This is something that involves foreign relations. Involves a lot of different layers that are not entirely in control of the US government.”
WATCH:
The ruling raises questions about due process protections, the scope of executive authority in deportations, and the practical challenges of enforcing court orders that involve foreign governments.
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