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Democrats allege that a DC Circuit judge is blocking the deportation of suspected Trump administration members of the Tren de Aragua gang. But Republicans say the judge has stepped over his boundaries and moved to ensure that such an event never happens again.
This is because the Trump administration faces more than 12 injunctions from various district court judges across the country on various policy decisions.
On Wednesday, the federal court of appeals refused to stay in relation to the decision by U.S. District Judge James Boasberg, appointed by DC.
In light of these developments, the House Judiciary Committee is expected to consider the issue of “activist judges” and hold a hearing early next week.
R-Texas MP August Pfluger told Fox News Digital that in addition to the hearing, House GOP members are also considering bills to address the issue.
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Democrats allege that a DC Circuit judge is blocking the deportation of suspected Trump administration members of the Tren de Aragua gang. But Republicans say the judge has stepped over his boundaries and moved to ensure that such an event never happens again. (Getty Images/Reuters)
“I think the administration is doing the right thing by fighting it legally,” he said. “There’s a good bill we’re considering, so we’ll look at it next week.”
R-FLA Rep. Anna Paulina Luna confirmed the GOP plans to take action, saying, “We will do everything we can with our legislative toolkit to ensure that they do the right thing by the American people and track their constitutional obligations.”
“Just before President Trump took office, Democrats deliberately acknowledged that they were appointing blockade justice to undermine what the president’s agenda was,” Luna told Fox News Digital.
“These judges are not elected to positions to interpret or set foreign policy perspectives. That’s the entire work of the administration,” she said.
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Rep. Anna Paulina Luna said, “We will do everything we can with our legislative toolkit to ensure that they do the right thing by the American people and track their constitutional obligations.” (Getty Images).
Asked how only circuit judges could overturn the president on foreign policy, Democrats responded by invoking the need for separation of power and the “die process.”
“The issues before the court are justified procedures and I think the courts will squeal this, as they already have,” said Rep. Jessu Garcia, D-Ill.
“I believe in the separation of power, and the federal courts are an equal branch of the government,” replied D-Ariz Rep. Greg Stanton. “I support the right to make decisions and all governmental departments of the government must comply with federal court decisions, both in enforcement and Congress.”
Meanwhile, D-Calif. Rep. Eric Swalwell has accused President Donald Trump of being “unusual” who called Boasberg “the radical left-hand man of the judge.”
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Rep. Eric Swalwell will leave the US Capitol on September 30, 2022 (Anna Moneymaker/Getty Images)
“The judiciary needs to be independent, whether it’s for you or against you,” Swalwell said. “We cannot infiltrate politics into judicial decisions. It’s insane to want to fire each judge.”
D-Wash. Rep. Adam Smith of the United States argued that Trump’s use of alien enemy law could be unfair as war has not been declared.
“The alien enemy law is the law. It is the law that must be followed. So they say they must actually follow the law rather than decide on foreign policy. “But that is the question that is asked, and the alien enemy law is based on a declaration of war. There was no declaration of war. Therefore, they must follow the law and I think it is appropriate to analyze that question.”
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The prison guards send exiles from the United States to a terrorist confinement center in Tekolka, El Salvador. (President’s Press Office via the AP)
Meanwhile, Republican lawmakers ask very different questions.
“Who do you think they are?” asked R-Texas MP Troy Nehls.
“The Eastern districts and others should not have the ability to do that so that they can make an injunction and apply it to the whole country. They shouldn’t do that,” he said.
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Speaking about the stairs to the Capitol, R-Ohio MP Derrick Van Orden pointed to an inscription on the Supreme Court building, saying, “We’re saying equal justice under the law. So if there are jurists acting unconstitutionally, they need to go.”
“We are an equal branch of the government,” he continued, adding, “That man, he is not king.”
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President Donald Trump and US District Judge James Boasberg (Getty)
R-Ohio Rep. Michael Rulli called for the use of activist judges to override foreign policy “really scary.”
“When it comes to lowland judges, it’s a bit scary to think that they can actually stop the progress of the federal movement where they actually have the ultimate say,” he said.
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“My party needs to be very orderly about how to fix it and we need to codify the law to ensure this doesn’t happen again,” he continued.
“It’s probably not the fastest move,” he predicted. “But this will never happen again because we are trying to do better with the law.”
Elizabeth Elkind of Fox News Digital contributed to this report.
Peter Pinedo is a political writer for Fox News Digital.
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