Trump Allies Claim Court Order Undermines Presidential Authority in Deportation Case

FIRST ON FOX America First Legal and Texas GOP Representative Brandon Gill are siding with President Donald Trump over his use of a 1798 wartime law. They assert that a court order blocking Trump’s deportation strategy unlawfully infringes upon his powers as President.

U.S. District Judge James Boasberg faced criticism after he halted the Trump administration from utilizing the Alien Enemies Act to deport Venezuelan nationals, including alleged members of the gang Tren de Aragua. This temporary order stops actions for 14 days, prompting significant backlash from Trump’s supporters.

In his order, Boasberg mandated that any flights en route to deportation locations must return immediately to U.S. soil.

America First Legal’s Senior Counsel, James Rogers, expressed the group’s stance, stating that courts have historically respected the President’s authority as Commander in Chief to invoke the Act and expel individuals under its provisions.

Rogers explained that “This law was passed by Congress in 1798. For over 226 years, courts have consistently held that they cannot interfere with the President’s decisions regarding the invocation of the Act.”

In the amicus brief, AFL pointed out that Representative Gill believes Tren de Aragua poses a serious threat to the United States. He supports the President’s efforts to neutralize this danger swiftly and effectively.

Gill emphasizes that the President’s invocation of the Enemy Aliens Act is crucial for the safety of his constituents, according to the filed documents.

AFL contends that the Alien Enemies Act provides the President with the authority to act during times of invasion or threats, and this authority should remain beyond judicial review.

Highlighting the President’s constitutional role, the brief explains that the AEA grants wartime powers, reinforcing the notion that courts should not undermine the President’s discretion regarding the implementation of the Act.

“At best, the Plaintiffs are leveraging the federal courts to achieve a political victory,” the filing argues. There is no debate over the fact that the Plaintiffs are in the country illegally. Preventing the implementation of the Tren de Aragua Proclamation unjustifiably restricts the President’s capacity to address national security threats.

On Thursday, Judge Boasberg remarked that the administration failed to meet a court deadline to disclose vital information regarding deportation flights to El Salvador. He noted in a subsequent order that the government again sidestepped its obligations to provide the requested information, despite a previous allowance to submit documents under seal.

The delayed filing from the administration, submitted just after the deadline, did not adequately address the queries raised by the judge.

Judge Boasberg reported that the court received a short declaration from a regional ICE office director in Harlingen, Texas, outlining that Cabinet secretaries are contemplating the invocation of state secrets privileges over specific requested facts.

He criticized this communication, labeling it as deficient.

After Boasberg’s emergency ruling siding with the plaintiffs, Democracy Forward and the ACLU, Fox News Digital learned that Representative Gill had filed articles of impeachment against Boasberg. He expressed concern over what he described as a ‘rogue judge’ exceeding his authority.

“Recent weeks have highlighted several activist judges attempting to obstruct the President’s exercise of his constitutional duty to ensure national safety,” Gill stated to Fox News Digital.

Gill’s resolution outlines serious accusations against Judge Boasberg, claiming he has overstepped his judicial role by imposing an emergency halt on the President’s deportation strategies.

The resolution text argues that this judicial order jeopardizes national safety, represents a misuse of power, and is damaging to the effective operation of the judiciary. It accuses Chief Judge Boasberg of attempting to usurp authority from the Executive Branch and obstruct the will of the American people.

Contributions to this report were made by Breanne Deppisch and Elizabeth Elkind from Fox News Digital.