In a significant judicial episode this week, U.S. District Judge James “Jeb” Boasberg expressed concerns that the Trump administration may have exhibited “bad faith” in attempts to rapidly deport Venezuelan migrants before a potential judicial blockade could be implemented. The question arises from a case concerning whether the administration flouted Boasberg’s directive to halt flights carrying deportees to El Salvador—raising stakes in ongoing tensions between the judiciary and the executive branch.
During Thursday’s proceedings in Washington, Judge Boasberg urged a Justice Department lawyer to justify the administration’s actions, suggesting a potential contempt of court ruling could be made by next week. This situation highlights the increasing conflict involving judiciary interventions that have stymied key components of President Trump’s immigration policies. As frustrations escalate, the President has even called for Boasberg’s impeachment, accusing the judiciary of overstepping its boundaries, while the Justice Department maintains that the judge’s authority is being exceeded.
The controversy stems from Boasberg’s recent order restricting deportations under the Alien Enemies Act, an 18th-century law that President Trump invoked, claiming a supposed threat posed by the Venezuelan gang Tren de Aragua. The directive instructed the administration not only to abort such deportations but also to return planes already en route with deportees. Yet, compliance with this order remains in dispute.
Appointed by former President Barack Obama, Judge Boasberg remarked that the Trump administration appeared intent on executing the deportations swiftly before judicial intervention could occur. He conveyed suspicion regarding the actions taken during the deportation process, questioning the integrity of the government’s conduct on the day of the events.
Countering the allegations, the Justice Department asserts that the order was not breached, contending it did not encompass flights that had left United States airspace at the time the order was issued. They further argue that the written directive did not specifically address flights already in motion and underscore that the president cannot be compelled to sanction the return of said flights.
In refusing to answer questions posed by Boasberg, the Trump administration classified details about the flight schedules and passenger identities as “state secrets,” citing possible diplomatic ramifications. Drew Ensign, Deputy Assistant Attorney General, conveyed that such information could present diplomatic sensitivities, especially given the involvement of a third nation in accepting the migrants. Ensign professed to having no “operational details” related to the March 15 deportation flights.
The Trump administration continues to petition the Supreme Court to reinstate deportations under the rarely invoked Alien Enemies Act, citing ongoing diplomatic engagements that could be compromised by federal court interventions. Additionally, they argue that detained migrants should seek legal recourse in Texas, where they are currently held, rather than in other venues.