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A federal judge voiced serious concerns regarding the Trump administration’s deportation of Venezuelan nationals to El Salvador, despite a clear court order prohibiting such actions. This incident marks the latest escalation in a legal battle that could potentially reach the Supreme Court.
During a motion hearing, U.S. District Court Judge James Boasberg intensely questioned Deputy Assistant Attorney General Drew Ensign. He inquired why the Trump administration disregarded an emergency court order aimed at halting the forced removal of Venezuelan nationals, which included individuals alleged to be connected to the gang Tren de Aragua. The court had temporarily blocked the use of the 1798 Alien Enemies Act for 14 days.
On Saturday, the government moved forward with the deportation of at least 261 migrants, including over 100 Venezuelan nationals. These individuals were removed from U.S. soil solely based on the law that the court had halted.
Judge Boasberg utilized the initial part of Friday’s hearing to scrutinize Ensign regarding the details surrounding the government’s deportation flights to El Salvador.
“Why was this proclamation signed in the dark on Friday or early Saturday morning, followed by a rushed boarding of these individuals onto planes?” Boasberg asked. He further expressed that such actions suggest a lack of transparency and an eagerness to expedite the removals before any legal challenges arose.
Ensign faced further questioning about the procedures and knowledge surrounding the deportations during a previous court hearing. At that time, Judge Boasberg had ordered the Trump administration to pause any planned removals of Venezuelan migrants affected by the Alien Enemies Act.
On Saturday, Boasberg issued a directive to immediately return any aircraft involved in the deportation of Venezuelan nationals identified under the Alien Enemies Act.
As the hearing progressed, Boasberg challenged Ensign about his understanding of the previous orders. “Did you not comprehend my directive during that hearing?” he asked. The judge noted that Ensign had claimed ignorance regarding the details of the flights while they were actively taking off.
“You told me you had no details on the plane flights, then we held a recess for 38 minutes for you to obtain that information,” the judge reminded him. “Yet you still came back asserting a lack of knowledge about the flights?”
Ensign responded affirmatively, stating he had not received necessary details about the deportation flights. He insisted he was unaware that the flights were already airborne.
In a follow-up order, Judge Boasberg demanded that Trump administration officials clarify their failure to comply with his directive regarding the deportation flights and whether they intentionally violated his ruling by allowing the planes to land in El Salvador.
While acknowledging the broad authority the Trump administration possesses in enforcing immigration law, Boasberg has repeatedly expressed frustration over the government’s lack of transparency. His concerns about apparent disobedience to federal judicial orders were evident during the hearing.
“The hypotheticals present a frightening scenario,” Judge Boasberg articulated. He added that if courts are unable to review the administration’s actions, it opens the door for unprecedented executive power. He posed a scenario where the president could unjustly label any individual or group as an invader.
Ensign sought to redirect some responsibility, stating, “That’s up to Congress,” in an attempt to diffuse the implications of the judge’s hypotheticals.
In a formal court order issued Thursday, Judge Boasberg condemned the Justice Department lawyers for failing to provide answers about the deportation flights. He commented that the government had once again sidestepped its obligations, even after allowing them to submit information under seal.
The ongoing legal dispute raises critical questions about the Trump administration’s potential use of state secrets privilege, a strategy that could enable the government to withhold information deemed sensitive to national security.
In a declaration made Friday morning, U.S. Deputy Attorney General Todd Blanche informed Boasberg of discussions within the Cabinet regarding the use of the state secrets privilege. This matter could come to light in upcoming appellate court proceedings.
“The invocation of that privilege is a serious matter requiring thorough consideration of national security implications,” Blanche stated. He emphasized the necessity for careful deliberation, especially given the quick 24-hour timeframe typically involved in such decisions.
President Donald Trump took to social media on Friday to express his dissatisfaction with the legal challenges posed by federal judges, particularly in light of more than 300 executive actions that have faced judicial roadblocks. He called for the Supreme Court to intervene and curb these nationwide injunctions before the situation escalated further.
In his post on Truth Social, Trump urged, “If Justice Roberts and the United States Supreme Court do not fix this toxic and unprecedented situation immediately, our Country is in very serious trouble.” This sentiment reflects growing tensions between the executive branch and the judiciary as political battles unfold over immigration policies and enforcement.
The outcome of this legal dispute has the potential to set significant precedents for future immigration enforcement actions. As the case develops, it will undoubtedly draw attention from both legal experts and advocacy groups concerned about the implications for vulnerable populations.
With the possibility of the Supreme Court being drawn into this matter, the implications for immigration law, executive authority, and judicial oversight will come into sharp focus. In light of the contentious political climate, the intersection of law and immigration policy remains a critical area to watch as events unfold.