However, in recent weeks, at least five of their executive orders with the greatest impact, which drastically revers Judgesin just 21 days.
The situation puts under scrutiny the action of American justice in demands that compromise the constitutional authority of the president, to administer departments of his government and prevent the waste of federal resources.
“What has to do with a court is whether demand It has legal merit or if it is a lawsuit that seeks to hinder the process and execution of the president’s executive duties, which would mean misuse and abuse of the Judiciary, ”says lawyer Nelson Rodríguez Varela, constitutional expert. “In that we are now.”
They deny demand
This Tuesday, the federal judge of Tanya Chutkan denied the request made by 14 states to block Elon Musk and the Government Efficiency Department (Doge, in English) access to government data systems or their participation in workers’ dismissals.
In the lawsuit against the authority of the Doge, to access the official data, the judge considered that, although “there are legitimate doubts” about the Musk authority, there is no serious legal damage evidence that justifies a temporary restriction order.
The prosecutors of the States had alleged that Doge’s actions can only be executed by a postulated and confirmed official by the Senate, according to the Constitution.
But not all demands made against Trump’s executive orders so far have had the same fate.
Indispensable measures
Amid strong criticisms, the executive orders signed by the President are appreciated.
With a deficit of 2 billion dollars and a sensitive imbalance in the economy, the reduction of federal expenses could not wait. “It is not an optional issue, it is essential,” said Elon Musk, who since Tuesday is a special Employee of the White House, according to a presidential statement, after his last controversial performances against Doge.
On the other hand, Trump, the same day he assumed the presidency, on January 20, signed his first executive orders to stop irregular immigration, one of the main problems of the US.
According to recent official reports, 11 million undocumented people live in the US and many of them entered the territory by the border with Mexico, encouraged by criminal organizations that were able to strain.
Trump is proposed, he said, returning security to Americans and neutralizing transnational criminal organizations such as the Aragua Train, of Venezuela, and drug trafficking posters, particularly, to which he cataloged terrorist organizations before their businesses with fentanil.
Presidential Legality
But do they have their presidential decrees legal basis?
President Trump has the power conferred by article 2, Section 2 of the Constitution to make decisions and prevent fraud, find the reason for the waste of previous administrations and try to seek a more efficient and effective government, says Rodríguez Varela.
Also, he explains, executive orders can be reviewed by the Judiciary, as is the natural in democratic systems.
“These can be known by the Courts if demands that are justiciable, serious and with appropriate arguments. Part of what it is first is to ensure that the Cortes, in a preliminary way, can stop the execution of what the executive orders establish, ”he says.
It is not so simple to sue.
“This is a very difficult standard to achieve, because the shareholder must demonstrate two important things: one, the irreparable damage caused to the plaintiffs; And two, that the lawsuit has the possibility of prospering once the Court examines the merits at a hearing would evidence, ”explains the expert, based on US law.
“What they are looking for with this is that the Court, in a preliminary way, stops the execution of the executive order, but for that they have to reach a very high level,” he says.
However, he warns that, although the legal power to review a lawsuit is attended, the time that elapses so that an order is effectively executed “is essential”, so it is important to act probity.
“I think that the president acts within his authority, he has a legal power to stop the Malgasto based on the welfare of the country, in accordance with what the Congress establishes, but” using the Courts to prevent the execution of an order that the President has the authority to dictate is a misuse and abuse of the Judiciary, “he says.
Trump purposes on the bench
To date, some five executive orders of Trump seek to make the administration more efficient have been suspended by the judges and the final resolutions will have to be expected:
1. The request for resignation of public employees. On February 10, Boston’s federal judge, George O’Toole, suspended the Trump Personnel) Personnel Management Office Program) that raises the resignation of thousands of federal employees in exchange for compensation until September.
2. Elon Musk access to tax statements. The federal district judge, Paul Engelmayer, ordered on February 8 temporarily blocking the order that allowed Musk and his team to enter the Payment System of the Treasury Department, relating to tax statements and Social Security, among others. He considered that there was “risk” with “possible” irreparable damage, as reported. The Trump administration considers that there was “judicial overreach.”
3. USAID staff cut. The district judge Carl Nichols ordered on February 8 to suspend the measure on reduction of personnel worldwide. “Nichols insisted that the Trump administration does not have the legal ability to put any administrative license employee,” according to reports. In addition, the USAID global aid amounted to 44,000 million dollars until 2023, the last period of reports and Trump seeks to correct “the waste.”
4. Restrict the right to citizenship by birth. The federal judge of Seattle, John Couchnour, suspended on January 23 the order to restrict citizens by birth in the US, for considering it “flagrantly unconstitutional.” Other states were added to this demand.
5. Transfer of irregular migrants to Guantanamo. A federal judge temporarily blocked on February 10, the transfer of three Venezuelan migrants arrested by the Immigration and Customs Control Service Center (ICE) in New Mexico, to the military base in Cuba. It was alleged that the three detainees had pending asylum requests.
The Trump administration has affirmed that the first group of Venezuelans transferred to Guantanamo is made up of members of the Aragua train.
“Guantanamo is a military base and the military part of the US government can attend the Federal Government to exercise compliance with immigration measures. To what extent, how long and how a person prey can be maintained there, it is what is about to be seen. The idea of doing this is to protect the US from these people, ”says Rodríguez Varela.
