Federal Judge James Boasberg continues to challenge President Trump’s deportation efforts while the administration stands firm on removing criminal illegal immigrants despite court orders.
Quick Takes
- Judge Boasberg has demanded thorough explanations from the Trump administration for deportation flights of criminal immigrants, particularly Venezuelans.
- The administration is invoking the rarely-used Alien Enemies Act of 1798 to justify deportations of gang members, especially the Venezuelan Tren de Aragua gang.
- President Trump declares certain immigrant gangs as an “invading force,” allowing deportations without standard due process.
- Legal experts warn of a potential constitutional crisis as the administration continues deportations despite court orders.
- The U.S. paid El Salvador $6 million to detain deported migrants after hundreds were sent there.
Legal Battle Intensifies Over Deportation Flights
U.S. District Judge James Boasberg has ramped up pressure on the Trump administration, demanding detailed explanations for its continued deportation of criminal illegal immigrants despite court orders to halt. The judge recently described the administration’s response as “woefully insufficient” when officials attempted to justify withholding information about deportation flights. Judge Boasberg specifically rejected attempts by regional Immigration and Customs Enforcement (ICE) officials to speak on behalf of Cabinet-level discussions about invoking state secrets privilege to shield deportation details.
“The Government again evaded its obligations,” Judge Boasberg stated in his latest ruling, adding: “This is woefully insufficient. To begin, the Government cannot proffer a regional ICE official to attest to Cabinet-level discussions of the state-secrets privilege.” The administration has deported over 200 immigrants to El Salvador, reportedly including gang members, after paying the Central American nation $6 million to detain them. These actions came despite the judge’s order blocking such deportations.
— The Washington Stand (@WSHStand) March 18, 2025
Administration Invokes Rare 1798 Law
President Trump has justified the deportations by designating the Venezuelan gang Tren de Aragua as an invading force, allowing him to invoke the rarely-used Alien Enemies Act of 1798. “I find and declare that [Tren de Aragua] is perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States,” President Trump stated in his executive order applying the act. This 227-year-old law allows the president to detain or deport nationals of an enemy nation during wartime or invasion without standard due process.
“These were bad people. That was a bad group of, as I say, hombres,” Donald Trump, president of the United States, said.
Legal experts note the Alien Enemies Act has only been used three times in U.S. history, all during major declared wars—the last being World War II. Critics argue the current application is unprecedented since it requires a congressionally declared war, which hasn’t occurred since 1942. The administration maintains that gang activity constitutes an invasion, justifying the law’s use despite judicial opposition.
White House Stands Firm Despite Court Challenges
Tom Homan, White House Border Czar, has taken a defiant stance against the legal challenges to the administration’s deportation efforts. “We’re not stopping. I don’t care what the judges think. I don’t care what the left thinks. We’re coming,” Homan declared. The White House contends Judge Boasberg lacks jurisdiction over the deportations and has directed the Department of Justice to limit information provided to the court, citing national security concerns.
“I think we’re in uncharted waters, because presidents up until now did not take this kind of open defiance stance against the rule of law. I don’t think there is a way, if the president is intent on ignoring court orders for the judicial branch to do anything about it. It really would require the United States Congress to step in with impeachment,” Kimberly Wehle, University of Baltimore School of Law, said.
The administration faces growing criticism that its deportation efforts have expanded beyond violent criminals to include legal visa holders and immigrants with U.S. citizen spouses. Reports indicate that a German green card holder, an Indian Fulbright Scholar, and a Lebanese doctor were among those detained or deported. Constitutional scholars suggest this expanding scope and the open defiance of court orders could trigger a constitutional crisis between the judicial and executive branches.
Public Opinion Divided
While the legal battle intensifies, public opinion on deportations varies significantly depending on the target populations. “Public opinion varies dramatically depending on the kind of illegal immigrant you’re talking about,” notes political analyst Whit Ayres. There appears to be broader support for removing violent criminals compared to those who have only violated immigration laws. Even some Democrats have expressed support for targeted deportations of violent offenders.
“We can all get behind deporting violent criminals,” Rep. Tom Suozzi, D-N.Y., said.
The administration faces practical challenges in implementing mass deportations due to resource constraints and the slow-moving immigration court system. Nevertheless, White House spokesperson Karoline Leavitt defended the actions, stating, “Countless lives will be saved because of this action.” As the standoff between the judiciary and executive branch continues, both legal experts and political observers anticipate further escalation in this contentious immigration policy battle.
Sources:
- White House ignores court and invokes Alien Enemies Act to deport hundreds of Venezuelans | PBS News
- Trump’s mass deportation plans hit riskier phase with legal immigrants, court fights – POLITICO
- 4 things to know about the Alien Enemies Act and Trump’s efforts to use it
- Judge Continues to Go After Trump Administration Over Flights Deporting Illegal Alien Gang Members
