Washington – A federal judge on Monday voiced concerns that the Trump administration may have disregarded direct instructions to halt flights carrying deported immigrants to El Salvador, just as he was on the verge of issuing an order to temporarily suspend such actions. This potential defiance came shortly after President Donald Trump activated an old wartime law to fast-track deportations, escalating tensions over the administration’s adherence to judicial oversight.
District Judge James E. Boasberg expressed skepticism regarding the administration’s argument that only his written orders were binding and that verbal commands during the court session were not immediately enforceable. Boasberg challenged the notion that such orders could not apply to aircraft that had already left the United States. He noted the urgency of his coming ruling was clearly communicated to the administration as the deportations were unfolding.
The legal contention centered around Trump’s unusual application of the Alien Enemies Act of 1798, a move that came amid his claims of an invasion by the Venezuelan gang, Tren de Aragua. This antiquated statute has been employed merely three times in history, each during a declared war by Congress. Using this law, Trump issued a declaration to deport any noncitizen he linked to the gang, without the requirement to disclose evidence or identities.
During an urgent hearing convened by Boasberg over the weekend, the administration was ordered not to deport anyone under the authority of this act while the court considered its legality. However, witnesses and filings later indicated that two planes had already departed to El Salvador by the time Boasberg’s written order was official, and a third took off shortly thereafter.
Deputy Associate Attorney General Abhishek Kambli argued during Monday’s hearing that reversing the flights was not feasible after their departure and emphasized the national security implications of the deportation operations. However, this explanation did little to assuage concerns about adherence to court orders.
Adding to the drama, El Salvador’s president, Nayib Bukele, flippantly acknowledged the arrival of over 200 deportees on Twitter, indicating the action was already completed. This social media engagement was subsequently echoed by White House communications staff, further stirring controversy.
This episode has not only raised legal questions but also international political repercussions. Venezuela’s government vehemently responded by labeling the transfer of migrants as “kidnappings” and announced plans to contest these actions as crimes against humanity in international forums.
The escalation reaches beyond immediate legal boundaries, touching on profound constitutional concerns about the separation of powers and compliance with judicial oversight in the U.S. Meanwhile, civil liberties groups, including the American Civil Liberties Union represented by Lee Gelernt, have pledged to continue their challenge of the administration’s use of the Alien Enemies Act, seeking remedies for those affected by the deportations.
As the courtroom deliberations continue, this case may serve as a pivotal moment in determining the extent of executive power in immigration enforcement, particularly concerning the treatment of noncitizens and adherence to constitutional rights.
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