On Thursday, a federal judge will ask government lawyers if the Trump administration disregarded court mandates when it deported hundreds of migrants to El Salvador last month.
This hearing represents the latest showdown between President Donald Trump and US District Judge James Boasberg. The issue at hand is whether the administration knowingly flouted Boasberg’s emergency order, which temporarily halted deportations and directed that individuals removed under antiquated immigration laws be returned to US territory “quickly.” The plane carrying these individuals, including those deported under the Alien Enemy Act of 1798, landed in El Salvador that same evening.
“Oops…” wrote El Salvador President Naive Bukele on X after their arrival in his nation. “Too late.”
Judge Boasberg, who issued an emergency order central to this complex case, declared that he aims to discover if the administration willfully contravened his order and whether any accountability is warranted.
“Insufficient apologies”: US judge scolds Trump officials over deportation information
President Donald Trump will speak before signing the executive order in his Oval Office on March 31, 2025. (Andrew Harnik/Getty Images)
“The government is not forthcoming,” Boasberg remarked to Justice Department lawyer Drew Ensign during a previous session. “But I will ascertain whether they adhered to my order, who breached it, and what the repercussions will be.”
During Thursday’s session, Boasberg is set to revisit many of the inquiries he previously posed. Additional queries involve how many individuals were onboard each flight, at what time each flight departed, and from where.
The administration has appealed the case on two occasions, initially supporting Boasberg’s order and subsequently to the Supreme Court, yet the judge continues to seek clarity. Thursday’s hearing is part of his effort to discern if the government defied the court while executing deportation flights.
Immigration lawsuit halting Trump administration’s deportation flights against alien enemies filed in appellate court
Trump and Boasberg (Getty Images)
The Alien Enemy Act, enacted in 1798, has only been utilized three times in US history during the War of 1812 and both World Wars.
Trump’s officials asserted that this law should be invoked to expel potentially dangerous individuals, including alleged members of the Tren de Aragua gang, who were sent to El Salvador under the administration’s revised deportation strategy.
In contrast, the plaintiffs have contested the administration’s application of this 1798 Act, labeling it “unprecedented” during times of peace.
In a simple case filed earlier this week with the Supreme Court, the plaintiffs contended that the law allows for immediate deportation solely in cases of a “declared war” or “aggression or predatory invasion.”
Government lawyers referenced national security concerns and declined to reveal crucial information regarding deportation flights, such as whether the aircraft left after Boasberg’s order was issued.
Boasberg previously mentioned that if his order was breached, he would manage the outcome and criticized the earlier submissions as “deeply inadequate,” while the government dismissed their proposal to submit information confidentially.
Immigration lawsuit halting Trump administration’s deportation flights against alien enemies filed in appellate court
Judge James Boasberg (Carolyn Van Houten/Washington Post via Getty Images)
This case has become a flashpoint in the political battle over the power dynamics between judicial entities and administrative branches. Allies of Trump dismiss much of the court’s involvement as the actions of “activist” judges attempting to constrain the president and overinflate their constitutional roles.
Trump’s appeal for accountability from Boasberg led to a rare public response from Supreme Court Chief Justice John Roberts.
“For more than 200 years, it has been established that retribution is not an acceptable reaction to differing opinions on judicial verdicts,” Roberts stated in a release.
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The White House continues to criticize lower judicial rulings, with press secretary Caroline Leavitt accusing judges of exceeding their boundaries and undermining the president’s powers.
“The administration will act swiftly, seek Supreme Court review, uphold the Constitution and protect American citizens,” Leavitt added in a statement.
