Legal Battle Intensifies Over Deportation of Venezuelans Under Alien Enemies Act
A contentious legal standoff is unfolding in Washington, D.C., as the Justice Department resists a federal judge’s demand for information regarding the deportation of Venezuelans under the Alien Enemies Act. This refusal has ignited concerns about potential defiance of court orders and raised the specter of a constitutional crisis, as the Trump administration’s immigration policies face increasing scrutiny.
At the heart of the dispute is Chief U.S. District Judge James Boasberg’s inquiry into whether the administration of then President Donald Trump violated his temporary order blocking the deportation of Venezuelans under the Alien Enemies Act. Boasberg’s order came in response to a lawsuit filed by five Venezuelans detained for immigration issues, who denied any affiliation with the Tren de Aragua gang and feared deportation under the Act.
Despite Boasberg’s demand for details about the flights, Justice Department lawyers, led by Attorney General Pam Bondi, have refused to disclose the number of Venezuelans deported, citing concerns about national security and foreign relations. In a recent filing, the lawyers argued that providing additional information was unjustified and inappropriate, asserting that the judge’s oral statements were not independently enforceable.
The Justice Department’s stance is based on several arguments. First, they claim that Boasberg’s oral statements regarding the deportation flights were not independently enforceable, implying that only written orders carry legal weight. Second, they argue that disclosing sensitive information about the flights could jeopardize national security and foreign relations, particularly as the government has appealed Boasberg’s temporary order blocking the flights. Finally, they propose that if Boasberg insists on receiving the flight information, it should be presented confidentially, excluding the lawyers representing the Venezuelans, to protect sensitive intelligence.
The government’s reluctance to provide the requested information has drawn sharp criticism from legal experts and civil rights advocates. Lee Gelernt, an American Civil Liberties Union lawyer representing the Venezuelans, warned that the situation is "getting very close" to a constitutional crisis if the government defied Boasberg’s orders. This sentiment echoes broader concerns about potential conflicts between the executive and judicial branches, as Trump has clashed with lawmakers over spending and judges over rulings.
The legal battle has become a focal point in the broader debate over the Trump administration’s immigration policies, particularly its efforts to expedite the deportation of undocumented migrants. The administration’s invocation of the Alien Enemies Act, a law enacted in 1798, has raised eyebrows due to its broad powers and limited application in modern times.
The Alien Enemies Act grants the president the authority to apprehend, restrain, secure, and remove citizens of a foreign country during a declared war or when an invasion or predatory incursion is threatened against the United States. While the law has been invoked only three times in history—during the War of 1812, World War I, and World War II—Trump sought to utilize it to deport alleged members of Tren de Aragua, a transnational Venezuelan gang he designated as a Foreign Terrorist Organization.
Critics argue that invoking the Alien Enemies Act in this context is a gross overreach of executive power and a violation of due process rights. By circumventing court hearings, the administration could potentially deport individuals without affording them the opportunity to present their case or challenge the allegations against them.
The case hinges on the question of whether the Trump administration defied Boasberg’s orders. Lawyers representing the Venezuelans claim that two planes departed from Texas bound for Honduras and El Salvador after Boasberg issued an earlier oral order instructing government lawyers to turn the planes around if they were already in the air.
According to El Salvador’s President Nayib Bukele, 238 Venezuelans arrived in the country, with El Salvador receiving $6 million for detaining them. These details have fueled suspicions that the administration may have knowingly violated the court’s order.
A Justice Department lawyer, Abhishek Kambli, maintained that the government complied with Boasberg’s written order. However, he refused to disclose any details about the flights, citing national security concerns and the sensitivity of foreign negotiations.
Robert Cerna, an acting field office director for Immigration and Customs Enforcement in Harlingen, Texas, stated that two deportation flights took off on Saturday and were in international airspace when Boasberg’s written order was posted. However, he also declined to provide further details.
Cerna further explained that Trump signed the Alien Enemies Act on Friday, but it became effective when published on Saturday. The flights to Honduras and El Salvador departed between Boasberg’s oral and written orders blocking the deportation flights.
The government asserts that it is detaining approximately 54 alleged members of Tren de Aragua, with 172 on the non-detained docket and 32 in criminal custody. Cerna indicated that if these individuals are transferred to ICE custody, they will likely be placed in removal proceedings.
The five Venezuelans who filed the lawsuit to block their removal deny any affiliation with Tren de Aragua and fear deportation under the Alien Enemies Act. They remain in the U.S., and Boasberg’s orders have blocked the deportation of any alleged Tren de Aragua members while the case is litigated.
The legal battle is expected to continue, with a hearing scheduled before Boasberg to further investigate whether the government defied his orders. The D.C. Circuit Court of Appeals is also considering the government’s request to halt Boasberg’s block on deportation flights under the Alien Enemies Act.
The outcome of this case will have significant implications for the future of immigration enforcement and the balance of power between the executive and judicial branches. It will also determine the fate of the Venezuelans facing deportation under the Alien Enemies Act, who fear persecution and violence in their home country.
