What’s Happening with the DOJ and Deportations?
- The DOJ has asked an appeals court to replace Judge Boasberg, who is overseeing a case challenging deportations of alleged Venezuelan gang members.
- The Trump administration deported hundreds of Venezuelans to El Salvador under the rarely used Alien Enemies Act from 1798.
- Judge Boasberg ordered flights to return but the administration proceeded, claiming the planes were already in international airspace.
- Legal experts warn this defiance of judicial orders could lead to a constitutional crisis.
- Border czar Tom Homan stated “I don’t care what the judges think,” escalating tensions between branches of government.
Why Is the DOJ Trying to Remove Judge Boasberg?
In an extraordinary move that has heightened tensions between the judicial and executive branches, the Department of Justice requested on Monday that a federal appeals court replace District Court Judge James Boasberg, who is overseeing a controversial case challenging the Trump administration’s deportation of hundreds of alleged Venezuelan gang members.
The request came as Judge Boasberg pressed a top DOJ attorney about the circumstances surrounding deportation flights that apparently continued despite the judge’s oral order on Saturday to return any deportees who were still airborne.
The DOJ’s filing cited Judge Boasberg’s alleged “inappropriate exercise of jurisdiction” and objected to a public hearing “to address operational details regarding flights that removed aliens identified as associated with a designated foreign terrorist organization.”
“We’ll Do What We Want” – How Did the Judge Confront the DOJ?
During Monday’s hearing, Deputy Associate Attorney General Abhishek Kambli repeatedly declined to answer the judge’s questions about the deportation flights, citing “national security concerns.” This refusal prompted Judge Boasberg to suggest the administration’s position was “we don’t care, we’ll do what we want.”
“It doesn’t matter if you’re in U.S. airspace or not,” Boasberg stated, challenging the administration’s claim that his judicial authority ended once the planes crossed into international waters. “I think my equitable powers are pretty clear and don’t end at the edge of the continent.”
The judge also pointedly noted he would issue a written order requiring information by Tuesday “since apparently, my oral orders don’t appear to carry much weight.”
What Wartime Law Is the White House Using to Justify Deportations?
The Trump administration invoked the Alien Enemies Act of 1798, a wartime statute not used since World War II, to justify the deportations that took place over the weekend. The rarely-used law allows the government to detain and remove immigrants with minimal due process requirements.
White House Press Secretary Karoline Leavitt defended the administration’s actions, stating the judge’s order had “no lawful basis” and was issued after the Venezuelan nationals “had already been removed from U.S. territory.”
A senior White House official told Axios, “This is headed to the Supreme Court. And we’re going to win,” indicating the administration’s willingness to engage in a prolonged legal battle over presidential deportation powers.
“I Don’t Care What Judges Think” – How Is the Border Czar Inflaming Tensions?
Adding fuel to the controversy, Trump’s border czar Tom Homan stated in a Fox News interview: “We are going to make this country safe again… I don’t care what the judges think. I don’t care what the Left thinks. We’re coming.”
Homan’s comments, alongside his promise of “another flight every day,” have alarmed legal experts and civil rights attorneys who warn of a potential constitutional crisis if the executive branch continues to disregard judicial orders.
Attorney Lee Gelernt, representing five Venezuelan men who sued to challenge their deportation, told Judge Boasberg, “There has been a lot of talk the last couple of weeks about a constitutional crisis. I think we’re getting very close to that.”
How Could This Legal Battle Reshape Presidential Powers?
The confrontation between Judge Boasberg and the Trump administration highlights fundamental questions about the separation of powers and the limits of presidential authority in immigration matters.
The administration contends that the Alien Enemies Act grants the president extraordinary powers not subject to judicial review, particularly when national security is involved. Critics counter that this interpretation threatens basic constitutional protections and judicial oversight.
As both sides prepare for what could become a landmark Supreme Court case, the outcome may significantly reshape the balance of power between the judicial and executive branches for generations to come.