Federal Judge Scolds Trump Administration Over Deportation of Venezuelan Nationals
A heated legal battle is escalating as a federal judge rebuked lawyers representing the Trump administration for allegedly defying a court order that specifically prohibited the deportation of Venezuelan nationals to El Salvador. U.S. District Court Judge James Boasberg questioned the actions of the administration, raising concerns about potential disregard for judicial authority and the rights of migrants seeking refuge in the United States. The dispute, which centers around the controversial use of the 1798 Alien Enemies Act, has the potential to reach the Supreme Court, setting a crucial precedent for immigration enforcement and the separation of powers.
During a contentious motion hearing, Judge Boasberg scrutinized Deputy Assistant Attorney General Drew Ensign regarding the Trump administration’s failure to adhere to an emergency court order. This order had temporarily blocked the administration from using the Alien Enemies Act to deport Venezuelan nationals, including those suspected of affiliation with the gang Tren de Aragua, from U.S. territory for a period of 14 days. Despite the court order, at least 261 migrants were deported to El Salvador on a Saturday flight, including over 100 Venezuelan nationals whose removal was based solely on the law temporarily suspended by the court.
Judge Boasberg commenced Friday’s hearing by pressing Ensign for detailed information about the government’s deportation flights to El Salvador. "Why was this proclamation signed in the dark on Friday, early Saturday morning, and then these people rushed onto the planes?" Boasberg inquired of the Justice Department attorneys. "To me, the only reason to do that is if you know the problem, and you want to get them out of the country before a suit is filed."
The judge also questioned Ensign extensively about his knowledge of the deportations during the previous week’s court hearing, where Boasberg had ordered the Trump administration to temporarily cease any planned removals of Venezuelan migrants under the Alien Enemies Act. Judge Boasberg further highlighted his bench ruling on Saturday, which mandated the immediate return of any planes deporting Venezuelan nationals targeted under the controversial law.
"Can I ask you now how you interpreted that statement when we had a conversation on Saturday?" he asked Ensign. "Did you not understand my statement during that hearing? You told me you had no details on the plane flights. Then we held a recess for 38 minutes for you to find details," the judge reminded Ensign. "And then when you came back — and even though the flights were in the air — you represented that you had no details of the flights?"
Ensign acknowledged the judge’s assertions, stating that he did not know the flights were in the air and that no one would provide him with the information he sought regarding the deportation flights.
Judge Boasberg has directed Trump administration officials to provide an explanation by Tuesday for their failure to comply with the order requiring the return of the deportation flights and whether they knowingly defied the court’s ruling. While acknowledging the Trump administration’s broad discretion to enforce immigration laws, the judge has repeatedly voiced his frustration with the government’s reluctance to provide answers to critical questions about the flights.
Judge Boasberg reiterated his concerns Friday and raised new concerns about the administration’s apparent disregard for federal judges. "The hypotheticals are frightening," Boasberg told Ensign. "If the courts can’t review the administration’s use of the wartime-era deportation law, then the president could say anyone is invading. If some foreign fisherman comes into U.S. waters, the president could say that’s an invasion. Even you would say that’s alarming."
Ensign responded, "That’s up to Congress."
In a court order filed Thursday, Boasberg criticized Justice Department lawyers for failing to answer his questions about the deportation flights, even after allowing them to do so under seal, noting that the government had "again evaded its obligations."
It remains uncertain whether the Trump administration will invoke the state secrets privilege in the legal battle, which could permit it to withhold certain information based on national security considerations.
In a court declaration filed Friday morning, U.S. Deputy Attorney General Todd Blanche informed Boasberg that he is aware of Cabinet-level discussions regarding the invocation of that privilege. The administration may present that argument at an appellate court hearing next week.
Blanche told the court Friday that invoking the privilege "is a serious matter that requires careful consideration of national security and foreign relations, and it cannot properly be taken in just 24 hours."
President Donald Trump, for his part, demanded in a social media post Friday that the Supreme Court step in to curb federal judges who have blocked over 300 of his executive orders and actions.
In a Truth Social post, Trump implored the Supreme Court to "STOP NATIONWIDE INJUNCTIONS NOW, BEFORE IT IS TOO LATE. If Justice Roberts and the United States Supreme Court do not fix this toxic and unprecedented situation IMMEDIATELY, our Country is in very serious trouble!"
The legal clash underscores the ongoing tension between the executive and judicial branches of the U.S. government regarding immigration policy. The Trump administration’s aggressive enforcement strategies have frequently faced legal challenges, raising questions about the limits of presidential power and the role of the courts in protecting individual rights. The outcome of this case could have significant implications for the future of immigration enforcement and the balance of power within the government. The potential invocation of the state secrets privilege adds another layer of complexity to the proceedings, potentially shielding sensitive information from judicial scrutiny. The Supreme Court’s eventual involvement in the matter could reshape the legal landscape surrounding immigration and executive authority for years to come.
