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U.S. District Judge James Boasberg is set to preside over a significant court case involving the Trump administration’s use of the 1789 Alien Enemies Act. The hearing is scheduled for Wednesday evening and will feature arguments from both administration lawyers and representatives from the American Civil Liberties Union (ACLU). This case marks a continuation of the legal challenges surrounding the government’s approach to deportation.
In recent months, officials from the Trump administration have depicted Boasberg as a figure embodying judicial overreach. This perception may shift as the current case unfolds, potentially placing the judge back in the political crosshairs of the administration.
The upcoming hearing differs from a previous lawsuit heard by Boasberg in March. That case focused on a temporary block of the Alien Enemies Act, which aimed to expedite deportations of certain migrants. The plaintiffs in this new case are seeking a broader and more permanent resolution.
The plaintiffs have filed their request as a class action, aiming to safeguard two distinct groups of migrants. The first group includes detainees who have already been deported from the U.S. to the notorious Salvadoran prison, known as CECOT. The second group comprises individuals still within the United States, facing imminent removal under the Alien Enemies Act.
These individuals are at risk of what the plaintiffs describe as “grave and irreparable harm.” They are urging the court for a more comprehensive injunction to protect their rights during this contentious period.
For those detainees remaining within U.S. custody, the plaintiffs have requested a court order to block any removals under the Alien Enemies Act. Furthermore, they seek to mandate that the Trump administration provide at least 30 days’ notice before any planned deportations. This notice period would enable affected individuals to challenge their removal in U.S. courts effectively.
In contrast, the path to relief for migrants already deported to CECOT appears more complicated. The plaintiffs have asked Judge Boasberg to instruct the administration to not only facilitate the return of these migrants but also to undertake all reasonable steps necessary to achieve this goal.
This request could require the administration to collaborate with contractors or agents in El Salvador necessary to transfer these individuals back to U.S. custody. However, it remains uncertain whether the Trump administration will comply with such an order if Boasberg decides to grant the requested injunctive relief. Early indications from the administration suggest that compliance in the short term may be unlikely.
The hearing comes against a backdrop of increasing defiance from the Trump administration regarding court orders. This is particularly relevant as it pertains to returning migrants from CECOT back to the U.S. Two individuals were erroneously deported to the maximum-security prison in March, and subsequent federal court orders demanded their return. However, the administration has so far stonewalled these directives.
The complexities surrounding this legal battle are exacerbated by the administration’s lack of transparency regarding deportations. To date, it has not released a list detailing the identities of individuals deported under the Alien Enemies Act. Moreover, the Salvadoran government has added another layer of secrecy by withholding this information from the public.
The growing reluctance from the Trump administration to address these legal challenges has raised alarms among critics and legal analysts alike. Many fear that this resistance signals an overreach in executive authority, which could set dangerous precedents. Plaintiffs have explicitly articulated their concerns, noting that the absence of injunctive relief could enable the government to send hundreds more individuals to CECOT.
In their legal filing, they warned that without intervention, the Trump administration would possess unchecked power to deport migrants to a location where they might be held indefinitely without communication.
The upcoming hearing before Judge Boasberg represents more than just another legal proceeding. It encapsulates larger issues of migrant rights, government accountability, and the limits of executive power. As the case evolves, the decisions made in this courtroom will have far-reaching implications for the future of immigration policy and judicial oversight in the United States. The stakes could not be higher for those caught in the web of the Alien Enemies Act.