INTERNACIONAL
DOJ says it owes deported Venezuelans no due process, dares courts to intervene
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The Trump administration will not comply with a court order requiring due process for hundreds of Venezuelan migrants deported to a maximum-security prison in El Salvador last year, DOJ lawyers said. It sets up a heated clash in court next week in a case that is almost certainly headed back to the Supreme Court.
The status and plight of 252 Venezuelan migrants deported to a Salvadoran prison last March under the 1798 Alien Enemies Act have emerged as one of the defining court fights of Trump’s second term, allowing the administration to test its mettle against the federal courts and the practical limits of judicial authority, on one of Trump’s biggest policy priorities.
It’s a fight that has also put U.S. District Judge James Boasberg, who is overseeing the Alien Enemies Act case, squarely in the Trump administration’s crosshairs as he attempts to determine what due process protections, if any, the administration is legally obligated to provide and how far the courts can go to enforce them.
A new filing from the Justice Department made clear the administration believes it owes the migrants no additional due process at all. Should the court try to order otherwise, lawyers for the administration said they would promptly seek intervention from higher courts.
SUPREME COURT FREEZES ORDER TO RETURN MAN FROM EL SALVADOR PRISON
Department of Homeland Security Secretary Kristi Noem speaks during a tour of the Terrorist Confinement Center. (Alex Brandon-Pool/Getty Images)
In its filing Monday, the Justice Department argued again that the administration is powerless to return the Venezuelan migrants who were summarily deported last year. The department rejected the notion that the U.S. could «facilitate» due process proceedings for the migrants in question as previously ordered by the court, describing the options to do so as either legally impossible or practically unworkable due to national security concerns and the fragile political situation in Venezuela after the U.S. capture of Venezuelan strongman Nicolás Maduro during a raid in Caracas last month.
The DOJ also reiterated its argument that bringing petitioners back to the U.S. would harm «critical» foreign policy negotiations with Venezuela and carry «profound» national security risks, citing the alleged gang member status of the migrants in question. (The alleged gang member status of many of the individuals has been called into question.)
DOJ lawyers also rejected the notion of conducting the proceedings overseas, including at the U.S. embassy in Venezuela, citing the U.S. capture and arrest of Maduro and his wife.
The U.S., they said, lacks custody to conduct the habeas proceedings on foreign soil and doing so would risk «injecting an extremely complicated issue into what is already a delicate situation» in Venezuela, potentially «negatively affecting U.S. efforts toward stabilization and transition that aim to benefit tens of millions of Venezuelans.»
The deportations, carried out under the Alien Enemies Act despite an emergency court order from Judge Boasberg, prompted an eleven-month legal battle that reached the Supreme Court in April and months of fights in the lower courts, including a subsequent order from Boasberg in December for the government to «facilitate» due process for the deported migrants.
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Salvadorian troops guard the exterior of CECOT Dec. 15, 2025, in Tecoluca, El Salvador. (John Moore/Getty Images)
The Supreme Court said then that individuals removed under the Alien Enemies Act must have the ability to contest their removal and have a meaningful opportunity and notice to do so before they are removed.
Boasberg has spent the months since attempting to determine the status of the hundreds of CECOT plaintiffs and what ability the U.S. has to facilitate their return or to provide the class of migrants with due process and habeas protections, including the ability to challenge their alleged gang status.
His December order required the Trump administration to submit to the court in writing its plans to provide due process to the class of migrants deported to El Salvador. Boasberg said the administration could do this by either returning the migrants to the U.S. to have their cases heard in person or facilitate hearings abroad with members of the class that «satisfy the requirements of due process.»
APPEALS COURT BLOCKS TRUMP ADMIN’S DEPORTATION FLIGHTS IN ALIEN ENEMIES ACT IMMIGRATION SUIT
Judge James E. Boasberg, chief judge of the Federal District Court in Washington, D.C. (Washington Post via Getty Images)
Lawyers for the Justice Department previewed similar arguments last month before an «en banc» 17-judge panel of the U.S. Court of Appeals for the Fifth Circuit, which convened to weigh the legality of the Trump administration’s use of the 227-year-old law.
The Justice Department told judges then that the U.S. indictment against Maduro «reinforces the Proclamation’s findings that the Maduro regime and TdA have formed a ‘hybrid criminal state’ directed by the regime» and justified the decision to use the Alien Enemies Act law to quickly deport them to the third-country prison.
«These new developments underscore the Maduro Regime’s control over TdA and TdA’s violent invasion or predatory incursion on American soil. As a result, it is even clearer that the President’s invocation of the Alien Enemies Act was part of a high-level national security mission that exists outside the realm of judicial interference.»
ACLU lawyer Lee Gelernt told the judges during the same hearing that the Alien Enemies Act does not give the administration «a blank check» for a president to «use his war powers any time he considers it valuable.»
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Regardless of how Boasberg rules, the new filing made clear that the Trump administration views the fight as far from over.
«If, over defendants’ vehement legal and practical objections, the Court issues an injunction, defendants intend to immediately appeal, and will seek a stay pending appeal from this Court (and, if necessary, from the D.C. Circuit),» the Justice Department said.
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President Donald Trump’s joint strikes on Iran are exposing a divide in both parties, as several Democrats come to the president’s defense while a handful of Republicans question his constitutional authority.
Trump announced U.S. and Israeli forces targeted Iranian leadership and military sites in the early hours of Saturday morning, catching millions of Americans — and the majority of lawmakers in Congress — by surprise.
A handful of House Democrats are justifying the operation, bucking most of their party, who are calling the operation a reckless and illegal action. On the other hand, at least three Republican lawmakers are signaling that the news gave them some pause as of Saturday morning.
Rep. Greg Landsman, D-Ohio, said that the strikes «are targeting military infrastructure —- with warnings to Iranian civilians to take shelter away from these military targets.»
Democrats like Rep. Josh Gottheimer are breaking from their party to justify President Donald Trump’s joint operation with Israel. (Graeme Sloan/Bloomberg via Getty Images; Andrew Harnik/Getty Images)
«I want a lasting peace for everyone in the region — from the Iranian people to the Lebanese, Palestinians, Syrians, Iraqis, Jordanians, and Israelis. I hope these targeted strikes on the Iranian regime’s military assets ends the regime’s mayhem and bloodshed and makes way for this lasting peace in the region,» Landsman said.
«Thank you to our brave service members who are leading this effort, and I pray their work will finally free the people of Iran and those in the region from more violence or war.»
Reps. Tom Suozzi, D-N.Y., and Josh Gottheimer, D-N.J., similarly put the onus on Iran, as did Sens. Jacky Rosen, D-Nev., and John Fetterman, D-Pa.
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On the Republican side, Reps. Warren Davidson, R-Ohio, Thomas Massie, R-Ky., and Sen. Rand Paul, R-Ky., are concerned about how actions against Iran could run afoul of Congress’ own constitutional authority.
«We need a government small enough to fit within the Constitution. We need a government effective enough to solve problems and serve its own people. Or, we need a new Constitution,» Davidson posted on X.
When another user asked if he supported Trump’s actions against Iran, Davidson replied, «No. War requires congressional authorization.»
Rep. Thomas Massie, R-Ky., questions Attorney General Pam Bondi before a House Judiciary Committee hearing on Capitol Hill in Washington, Feb. 11, 2026. (Robert Schmidt/AFP via Getty)
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Massie, a longtime critic of foreign intervention, went so far as to introduce a resolution alongside Rep. Ro Khanna, D-Calif., to rein in Trump’s war powers. House Democrats are demanding a vote on that resolution as soon as next week.
Landsman told NOTUS that he would vote against such a measure if it came to the House floor.
Rep. Josh Gottheimer, D-N.J., while similarly praising the military’s moves, refused to tell Fox News Digital if he would support the resolution via a spokesperson.
«Today, the United States, with our key democratic ally Israel, took decisive action to defend our national security, fight terror, protect our allies, and stand with the Iranian people who have been massacred in the streets for demanding freedom from the murderous Iranian regime,» Gottheimer said in a statement.
«I applaud the extraordinary bravery and professionalism of our servicemembers and pray for their safety as Iran and its terrorist proxies retaliate against American bases and our partners in the region.»
He, like Suozzi and Rosen, called for a classified briefing on the operation’s details.
GULF STATES CONDEMN IRANIAN RETALIATORY STRIKES ON THEIR TERRITORIES FOLLOWING US-ISRAELI OPERATION
«I agree with the President’s objectives that Iran can never be allowed to obtain nuclear capabilities. The President must now clearly define the national security objective and articulate his plan to avoid another costly, prolonged war in the Middle East,» Suozzi said in his own statement.
Fetterman, meanwhile, has been among the Democrats most full-throated in his support.
«President Trump has been willing to do what’s right and necessary to produce real peace in the region. God bless the United States, our great military, and Israel,» he posted on X early Saturday morning, among the first lawmakers to sound off.
A person holds an image of Iran’s Supreme Leader Ayatollah Ali Khamenei as Iranian demonstrators protest against the U.S.-Israeli strikes, in Tehran, Iran, Feb. 28, 2026. (Majid Asgaripour/WANA (West Asia News Agency) via Reuters)
He said of the war powers vote, «I’m a hard no. My vote is Operation Epic Fury.»
It’s a stark contrast to the majority of Democratic lawmakers who have lambasted Trump for not getting authorization from Congress before the strikes.
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House Minority Leader Hakeem Jeffries, D-N.Y., accused Trump of moving to «abandon diplomacy and launch a massive military attack has left American troops vulnerable to Iran’s retaliatory actions.»
In the Senate, Minority Leader Chuck Schumer, D-N.Y., said, «Confronting Iran’s malign regional activities, nuclear ambitions, and harsh oppression of the Iranian people demands American strength, resolve, regional coordination, and strategic clarity. Unfortunately, President Trump’s fitful cycles of lashing out and risking wider conflict are not a viable strategy.»
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INTERNACIONAL
Did they get him? Khamenei’s fate remains unknown after Israel strike levels his compound
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As the smoke was still clearing over Tehran, one question dominated the region and Washington alike: Did they get him?
In the immediate aftermath of the Israel-U.S. strikes, with the Israeli Air Force targeting senior Iranian leadership infrastructure, rumors swirled that Ayatollah Ali Khamenei, Iran’s 86-year-old supreme leader, had been killed.
Satellite images showed heavy damage to Ayatollah Ali Khamenei’s fortified compound, including buildings believed to house his residence and the so-called House of Leadership. Parts of the complex appeared reduced to rubble.
Regional reports indicated a high-level meeting of Khamenei’s top lieutenants may have been underway when the strike hit. Iranian semi-official media also reported missiles struck near the presidential palace and other leadership sites north of the capital.
Iran’s Supreme Leader Khamenei makes first public appearance in weeks with fresh U.S. threats. (Office of the Iranian Supreme Leader Credit/ASSOCIATED PRESS)
Addressing the nation on Saturday, Prime Minister Benjamin Netanyahu said in Hebrew, «There are more and more signs indicating Khamenei is gone.»
Israeli officials told Fox News Digital they were still assessing the results and said it was too early to confirm the fate of the 86-year-old supreme leader. They did not rule out the possibility that he was killed.
Iranian officials, however, insisted the country’s leadership — including Khamenei and President Masoud Pezeshkian — remained safe, according to The Guardian, despite what they described as an assassination attempt. Meanwhile, a spokesperson for Iran’s Ministry of Foreign Affairs told the BBC that he was not in a position to confirm whether Ayatollah Ali Khamenei had been eliminated.
IRAN FIRES MISSILES AT US BASES ACROSS MIDDLE EAST AFTER AMERICAN STRIKES ON NUCLEAR, IRGC SITES
In this picture released by an official website of the office of the Iranian supreme leader, Supreme Leader Ayatollah Ali Khamenei stands as army air force staff salute at the start of their meeting in Tehran, Iran, Friday, Feb. 8, 2019. Khamenei is defending «Death to America» chants that are standard fare at anti-U.S. rallies across Iran but says the chanting is aimed at America’s leaders and not its people. (Office of the Iranian Supreme Leader via AP)
The long-serving cleric has survived decades of internal unrest, assassination plots and foreign pressure. He rarely appears in public without layers of security and is believed to operate through a tightly controlled network of loyalists embedded across Iran’s military, intelligence and political institutions.
In an exclusive Fox News Digital report earlier this week, researchers described how Khamenei runs what amounts to a parallel state within Iran’s formal government structure.
«The Bayt is the hidden nerve center of the regime in Iran… it operates as a state within a state,» Kasra Aarabi, director of Islamic Revolutionary Guard Corps (IRGC) research at United Against Nuclear Iran (UANI), told Fox News Digital.
IRAN COULD ‘ACTIVATE’ HEZBOLLAH IF US TARGETS REGIME, TRUMP’S INNER CIRCLE TO DECIDE: EXPERT
Smoke rises on the skyline after an explosion in Tehran, Iran, Saturday, Feb. 28, 2026. (AP Photo/Vahid Salemi)
Even if Khamenei himself were removed, Aarabi warned, the institutional machinery he built — involving roughly 4,000 core staff and a broader network of tens of thousands — could continue functioning.
«Even if he is eliminated, the Bayt as an institution enables the Supreme Leader to function,» Aarabi said. «Think of the Supreme Leader as an institution rather than just a single individual.»
That reality complicates the picture.
For decades, Khamenei has positioned himself not merely as a political leader but as the apex of a system designed to survive shocks — whether from protests at home or military pressure abroad.
The 86-year-old cleric has faced repeated waves of unrest, including mass protests in 2009, 2022 and again in early 2026. Each time, his regime cracked down forcefully, consolidating control rather than fracturing.
He has also weathered years of covert operations, cyber campaigns and targeted strikes against key Iranian figures across the region.
Still, the scale of the latest strike appears unprecedented.
If confirmed dead, Khamenei’s killing would mark the most significant decapitation of Iranian leadership since the 1979 revolution. It would also raise immediate questions about succession inside a system he carefully engineered to avoid sudden collapse.
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A person holds an image of Iran’s Supreme Leader Ayatollah Ali Khamenei as Iranian demonstrators protest against the U.S.-Israeli strikes, in Tehran, Iran, Feb. 28, 2026. (Majid Asgaripour/WANA (West Asia News Agency) via Reuters)
If he survived, it would reinforce his reputation for resilience — and underscore how difficult it is to eliminate the core of Iran’s power structure.
For now, officials say assessments are ongoing, and the question may be answered in the very near future.
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