On Monday, a federal judge expressed concerns over the Trump administration’s possible disregard of his orders pertaining to deportees en route to El Salvador. The issue arose when District Judge James E. Boasberg questioned whether his verbal directive to halt the deportations, issued only moments before, was deliberately ignored by the administration.
Boasberg was unconvinced by the administration’s assertions that only written directives were binding, raising questions about deportation flights that had already left or were in the air. Deputy Associate Attorney General Abhishek Kambli argued that only Boasberg’s written order, published shortly after the verbal one, was valid. He emphasized the challenges in redirecting flights already departed and highlighted national security concerns.
“That’s one heck of a stretch, I think,” Boasberg responded, adding skepticism about why his jurisdiction wouldn’t extend to international airspace once U.S. planes have departed. The face-off is part of an escalating legal struggle initiated by President Donald Trump, who evoked the 1798 Alien Enemies Act—a law typically reserved for wartime declarations—to expedite deportations over the weekend.
Lee Gelernt from the ACLU, representing plaintiffs, warned that the situation was nearing a constitutional crisis. Further, the ACLU plans to request a court mandate to return any deportees sent out of the country improperly. Boasberg committed to documenting his directives in writing due to the perceived inadequacy of verbal commands.
Earlier, the administration was ordered by Boasberg not to deport individuals under the Alien Enemies Act, an action historically taken only three times and exclusively during declared wars. President Trump justified this by claiming an imminent threat from the Venezuelan gang, Tren de Aragua. The plaintiffs in the lawsuit are Venezuelan detainees in the United States, concerned about wrongful gang affiliations leading to their deportation.
In the midst of this legal clash, two planes allegedly departed from a Texas facility toward El Salvador, seemingly ignoring the judge’s directive. A subsequent flight left after the publication of Boasberg’s written order, yet the government stated it carried no individuals deported under the act in question. The administration’s actions sparked condemnation, with El Salvador’s President tweeting about the deportees’ arrival.
White House officials refuted claims that they defied the order, arguing that a federal judge lacks authority over presidential declarations about national invasions under such an act. They further resisted answering pinpointed questions due to national security concerns, prompting Boasberg to deny the request to cancel the hearing.
The saga has had international implications, with Venezuela’s government criticizing the transfers as “kidnappings” and planning to contest them internationally. Families of possible deportees anxiously sought information, with cases like Franco Caraballo’s raising human interest concerns. He’s reportedly been missing from the federal detainee system, heightening anxiety about deportee rights amid political maneuvers.
As the courtroom proceedings unfold, Judge Boasberg is set to further deliberate on the case in a hearing, where the administration is urged to clarify under oath, and the broader constitutional questions at play are likely to advance towards the U.S. Supreme Court.
