Judicial Battle Intensifies Over Venezuelan Deportations Under Alien Enemies Act
A heated legal conflict is unfolding between the judiciary and the executive branch as a federal judge has condemned the Trump administration’s response to his demand for information regarding the deportation flights of Venezuelans under the Alien Enemies Act. Chief U.S. District Judge James Boasberg expressed his dissatisfaction, labeling the administration’s reply as "woefully insufficient."
Judge Boasberg had specifically requested details about the number of deportation flights that occurred on a particular Saturday, including the number of passengers transported and the locations where these flights landed. His inquiry stems from concerns that the government may have defied his previous orders, both oral and written, that temporarily blocked the deportations while the court deliberates on the legitimacy of these actions.
The Justice Department, led by Attorney General Pam Bondi, has argued that disclosing information about the flights could potentially cause catastrophic harm to foreign affairs. However, in a private filing, Robert Cerna, the acting field office director for Immigration and Customs Enforcement (ICE) in Harlingen, Texas, the departure point for the flights, provided minimal information to Judge Boasberg.
According to Judge Boasberg, Cerna stated that Cabinet Secretaries are currently considering invoking the state secrets privilege concerning the requested information. Cerna justified this consideration by emphasizing the need for careful evaluation of national security and foreign relations, asserting that such a process cannot be completed adequately within a mere 24 hours.
Judge Boasberg criticized Cerna’s filing, stating that it only conveyed his "understanding" that the Cabinet discussion was underway. The judge has scheduled a Friday hearing, demanding the testimony of a Justice Department official familiar with the Cabinet discussions. He reiterated his disapproval of the department’s filing, deeming it "woefully insufficient."
The Justice Department has appealed Judge Boasberg’s order, seeking to overturn the block on deportations under the Alien Enemies Act. The D.C. Circuit Court of Appeals has scheduled a hearing for arguments on Monday.
Government lawyers have defended the president’s authority under the 1798 law, arguing that it permits the deportation of alleged members of the Venezuelan crime gang Tren de Aragua, which the Trump administration has designated as a terrorist group engaging in an "invasion" or "predatory incursion" into the United States. The lawyers maintain that the court should not question these factual determinations.
However, lawyers representing the Venezuelans, affiliated with the American Civil Liberties Union (ACLU) and the Democracy Forward Foundation, have raised concerns about the implications of using the Alien Enemies Act against a crime gang rather than a country. They argue that if the president has the unchecked power to designate any group as enemy aliens under the Act, there would be no limit on who could be sent to foreign prisons and for how long.
The Trump administration invoked the 1798 Alien Enemies Act on a Friday, and the order took effect the following Saturday. The law expedites deportations without hearings for foreign citizens of a country at war with the United States or that has invaded the country.
Prior to the Trump administration, the act had been invoked only three times: during the War of 1812, World War I, and World War II. However, Trump and his lawyers assert that Tren de Aragua is invading the U.S. for criminal and terrorist purposes.
Trump has publicly called for Judge Boasberg’s impeachment, which prompted a rebuke from Supreme Court Chief Justice John Roberts.
White House press secretary Karoline Leavitt stated that the administration would respect judicial decisions but would appeal adverse rulings to the Supreme Court, if necessary. She also accused judges of "acting erroneously" and attempting to "slow-walk" the administration’s agenda, deeming it "unacceptable."
This legal battle highlights the ongoing tensions between the judicial and executive branches, particularly concerning immigration policy and national security. The outcome of this case could have significant implications for the scope of presidential power and the rights of immigrants in the United States. The courts are tasked with balancing national security concerns with the protection of individual liberties, a task that has become increasingly complex in the current political climate. The invocation of the Alien Enemies Act, a law rarely used in modern times, underscores the administration’s efforts to expand its authority in immigration enforcement.
