Judge Probes Legality of Trump’s ‘Alien Enemies’ Deportations: “I Will Get to the Bottom of This”

A federal judge has recently questioned the U.S. Department of Justice regarding the Trump administration’s compliance with a court order related to deportation flights. U.S. District Court Judge James Emanuel Boasberg highlighted concerns over President Trump’s invocation of wartime authority during peacetime, particularly regarding the treatment of Venezuelan nationals linked to the Tren de Aragua gang.

The legal debate centers on a proclamation signed by Trump that potentially affects Venezuelans aged 14 and older, applying the Alien Enemies Act of 1798. This historic law allows the detention and deportation of nationals from enemy countries without due process. The outcome of this case may eventually reach the U.S. Supreme Court.

Three deportation flights were in transit when Judge Boasberg issued a temporary restraining order, intending to halt the removals. Nonetheless, reports indicate that the administration continued to deport individuals to an infamous mega-prison in El Salvador, raising questions about compliance and accountability.

Judge Boasberg expressed frustration, stating, “The government’s not being terribly cooperative at this point.” He indicated his commitment to uncovering whether the administration violated his order and who was responsible for the continued deportations.

Boasberg also pressed DOJ attorney Drew Ensign on the implications of deporting individuals under the Alien Enemies Act. He inquired how those deported could challenge their removal if they were not allowed to prove their non-association with gang activities. “How do they challenge that removal?” he asked, underscoring the potential due process concerns involved.

Judge Boasberg pointed out troubling policy ramifications stemming from the use of the Alien Enemies Act, especially in the context of a nation not currently engaged in war. He noted the act’s application seems distant from its original intention.

Meanwhile, a panel of judges from the U.S. Court of Appeals for the District of Columbia Circuit will hear arguments on Monday regarding the Trump administration’s request for an emergency stay on Boasberg’s restraining order.

The DOJ has contended that Boasberg’s oral restraining order was non-binding due to a lack of written documentation. For nearly a week, the government has avoided answering specific inquiries from Boasberg concerning the timing of the deportation flights initiated on March 15.

Boasberg has given the Trump administration a deadline to clarify whether they plan to invoke state-secrets privilege regarding the timing of the deportation flights. In a surprising development, Trump officials acknowledged ongoing Cabinet-level discussions about leveraging this privilege to withhold details from the court.

The administration argued that the flights were no longer in U.S. airspace when the restraining order was issued, claiming jurisdictional issues. This reasoning drew sharp scrutiny from Lee Gelernt, a lead attorney for the American Civil Liberties Union (ACLU), who argued that deportations had already been mishandled. Some individuals on those flights returned to the U.S. due to procedural errors, including a person who was not even Venezuelan.

The ACLU plans to submit an affidavit with additional details about the deportations, including concerns regarding the removal process and the alleged misclassification of final orders for deportation related to the third flight.

The White House stated that 137 men, allegedly affiliated with the Tren de Aragua gang, were deported under the Alien Enemies Act. Attorneys for the deported men argue that their clients do not belong to the gang and believe they were targeted based on their nationality and tattoos.

Gelernt emphasized that the Trump administration’s financial agreement with El Salvador for imprisonment raises significant legal questions. He believes the federal court can order the U.S. to repatriate these individuals, as they are effectively in U.S. custody.

Human Rights Watch has expressed deep concerns about the conditions within the Salvadoran prison, stating that they are unaware of any detainees being released. Nicolás Maduro, the Venezuelan president, has publicly condemned the detention of these men, asserting that they have not been given due process and have been wrongfully deported.

Maduro described the deportations as “kidnapping,” arguing that the individuals taken to El Salvador had fled their homeland to escape violence. This ongoing legal battle continues to highlight pressing issues surrounding immigration, national security, and human rights.