Trump clash with courts on Venezuela flights cues concerns of constitutional crisis
The Trump administration’s removal of more than 130 Venezuelans amid a court battle to block their deportation has ignited alarm it may have violated a court order barring its use of the Alien Enemies Act.
President Trump on Saturday signed an order igniting the 1798 law and invoking war powers to remove any Venezuelan national believed to be a member of the Tren de Aragua gang.
Hours later, U.S. District Judge James Boasberg ordered flights carrying the Venezuelans to a Salvadoran prison to turn around — a directive he gave verbally in a court hearing as well as in a written order after it closed.
Nonetheless, the administration continued with two flights — sparking questions from the American Civil Liberties Union (ACLU) that said despite some disagreement over the timing of the flights the Venezuelans had not yet been released from American custody at the time Boasberg’s order was issued, and therefore should have been returned to the country.
After a Monday full of White House aides blasting Boasberg and diminishing his authority, a Justice Department lawyer refused to answer questions about the flights, a remarkable confrontation in which the attorney asserted that the administration complied with the judge’s written order but declined to provide any evidence.
“The Trump talking point about this has been no court order was violated because the judge has no jurisdiction to tell the president what to do when it comes to matters under his commander in chief powers. It's just not true. The court has the power to interpret the law, and so this violation of a court order, I think, is very alarming to people,” said Barbara McQuade, a former U.S. attorney who now teaches law at the University of Michigan.
“A president [who] feels free to violate court orders is a very dangerous precedent. We have three separate and co-equal branches of government to avoid one of those branches from abusing its power. And if President Trump thinks he can do everything without judicial review, then we are in a constitutional crisis.”
Boasberg issued an oral order to turn the planes around Saturday at approximately 6:45 p.m. EDT. Those instructions were also posted to the court’s docket at 7:26 p.m. EDT.
The ACLU included flight information it received from the government, indicating the planes did not land in Honduras until 7:36 p.m. EDT and 8:02 p.m. EDT. The group suggested the planes later took off again before ultimately landing in El Salvador, arriving hours after each of Boasberg’s orders.
Voices across the Trump administration Monday were dismissive of Boasberg’s handling of the case or his authority to do so, despite judges routinely weighing the legality of immigration policies and executive powers.
Border czar Tom Homan during an appearance on Fox News said, “We’re not stopping. I don’t care what the judges think.”
Stephen Miller, a senior adviser to the president, called Boasberg’s order “without doubt the most unlawful order a judge has issued in our lifetimes. A district court judge has no authority to direct the national security operations of the executive branch.”
White House press secretary Karoline Leavitt implied there was a distinction in whether the administration had to follow Boasberg’s oral order in addition to the written one posted to the court's docket. There is not is a distinction — all orders from a judge are binding, regardless of whether they are spoken or written.
And Attorney General Pam Bondi accused Boasberg of supporting "Tren de Aragua terrorists over the safety of Americans,” while the White House social platform X account showed videos of the deportation to the song “Closing Time” by Semisonic, saying migrants “don’ have to go home but you can’t stay here.”
The Alien Enemies Act allows the government to detain or deport a citizen of any country it deems to be an enemy nation. The removals do not require a hearing, sparking concern the administration could use gang activity as a pretext for deporting Venezuelans without ties to Tren de Aragua.
Migrants who preemptively sued over the order said they are not members of the gang, but immigration advocates have broader concerns over the use of a war power for immigration purposes.
The law has been invoked only three times, most recently as the basis for Japanese internment during World War II.
"This is a time of war,” Trump said Sunday night on Air Force One. “Because Biden allowed millions of people … that’s an invasion. And these are criminals. Many, many criminals.”
In comments to reporters at the White House, Homan argued the president was within his authority. He argued Tren de Aragua had been designated a foreign terrorist organization, giving Trump greater powers to act. However, he simultaneously asserted many of those on the planes under scrutiny over the weekend were removed through Title 8, not the Alien Enemies Act, indicating an additional 101 Venezuelans on the flights were not deemed to have gang ties.
“We removed terrorists from the country this weekend,” Homan added. “I can't believe any media would question the president's ability to remove terrorists from this country.”
And Leavitt, like Miller, said “federal courts generally have no jurisdiction over the President’s conduct of foreign affairs, his authorities under the Alien Enemies Act, and his core Article II powers to remove foreign alien terrorists from U.S. soil and repel a declared invasion. A single judge in a single city cannot direct the movements of an aircraft carrying foreign alien terrorists who were physically expelled from U.S. soil.”
Just hours before Monday’s hearing, the Justice Department moved to change the judge overseeing the case, citing the “highly unusual and improper procedures” employed by Boasberg.
Katherine Ebright, an expert in the Alien Enemies Act and attorney with the Brennan Center for Justice, said courts have routinely reviewed such matters, including each time the law has been used.
“Courts have historically played a role. They certainly have a role in policing clear violations of the law, notwithstanding whatever the president may say about the scope of this Article II powers,” she said, noting that it is the president who is supposed to faithfully execute the laws passed by Congress.
“What we're seeing is a president who is arbitrarily calling migration and narcotics trafficking acts of war and an invasion and predatory incursion without any actual basis or factual basis for doing so. And so it is certainly the province of the court to say this abuse must stop,” Ebright added.
Boasberg expressed shock during the meeting that the Justice Department (DOJ) was refusing to answer questions about the flights, with Deputy Associate Attorney General Abhishek Kambli repeatedly saying he was “not authorized” to do so.
“Wouldn’t it have been a better course to return the planes around the United States as opposed to going forward and saying, ‘we don’t care, we’ll do what we want?’” Boasberg asked later in the hearing.
Boasberg directed the DOJ to offer up a rationale for failing to share the flight information, saying he would do so in a written order “since apparently my oral orders don’t carry much weight.”
Ebright noted a pattern of the Trump administration dancing around whether to comply with court orders, including in cases challenging the block on federal grants.
But beyond the sparring with the judiciary, she stressed the impact on those deported.
“I think it is a travesty,” she said.
“It is devastating for the 250 men who have been sent into Salvadorian prisons, which are notorious for torture.”
Topics
-
Has the Trump administration violated a court order with deportation of Venezuelan gang members?
Venezuelan gang members were deported from the U.S. under the Trump administration amid a judge issuing a court order against it. NBC News' Danny Cevallos breaks down the legality of the ...NBC News - 1d -
Judge incredulous in Trump deportation case as administration lawyers argue verbal court order isn’t binding – as it happened
This blog has now closed. You can read more of our US politics coverage here . White House denies violating judge’s order with Venezuela deportations What is the Alien Enemies Act and how is ...The Guardian - 18h -
Judge orders hearing over Trump deportations under Alien Enemies Act despite court ruling
A federal judge has scheduled a hearing for Monday afternoon on whether the Trump administration violated a court order against using a law passed in 1798 to deport hundreds of undocumented ...CBS News - 1d -
US deports hundreds of Venezuelans despite court order
The White House says it has removed Venezuelan gang members and denies violating a court order.BBC News - 1d -
White House denies ignoring court order blocking some deportations
A federal judge in Washington, D.C., held a hearing late Monday on the Trump administration's use of the 18th-century Alien Enemies Act. Despite being blocked by the courts, the White House used ...CBS News - 22h -
Trump administration deports immigrants despite judge blocking use of Alien Enemies Act
The White House is disregarding a federal judge's ruling on immigration, claiming the court has no authority. The ruling was meant to block the Trump administration from invoking the Alien Enemies ...CBS News - 1d -
The history of the Alien Enemies Act of 1798
A federal judge heard arguments Monday on whether the White House violated a court order by deporting migrants without proper court hearings. The Trump administration claims it has the authority ...CBS News - 19h -
White House denies violating judge’s order with Venezuela deportations
Trump administration used Alien Enemies Act to deport about 250 alleged gang members to El Salvador. US politics live – latest updates The White House has denied allegations that it engaged in ...The Guardian - 1d -
DOJ seeks to boot judge questioning Trump deportations, lawyer warns of 'constitutional crisis'
The Trump administration has used the wartime Alien Enemies Act to deport hundreds of alleged Venezuelan gang members to Central America.CNBC - 8h
More from The Hill
-
Democrats push back on plans to use military installations as migrant detention centers
Democrat lawmakers are pushing back against Trump administration plans to detain thousands of undocumented immigrants at U.S. military sites. In a letter signed by nine Democrats and sent to the ...The Hill - 29m -
Sadly, Trump is right on Ukraine
Ukraine's President Volodymyr Zelensky provoked wider war by violating peace deals with Russia and seeking NATO military aid and membership, while Joe Biden also contributed crucially to the ...The Hill - 32m -
Live updates: Musk's USAID actions ruled 'likely' unlawful; Roberts pushes back on Trump's call for judge's impeachment
Supreme Court Chief Justice John Roberts issued a rare rebuke of President Trump on Tuesday amid an escalating battle between the executive and judicial branches of government over the president's ...The Hill - 39m -
Indian prime minister joins Trump's Truth Social platform
Indian Prime Minister Narendra Modi has joined President Trump’s Truth Social platform. “Delighted to be on Truth Social! Looking forward to interacting with all the passionate voices here and ...The Hill - 44m -
Watch live: NASA astronauts return to Earth after 9 months on International Space Station
NASA astronauts Suni Williams and Butch Wilmore are expected to return to Earth Tuesday afternoon after more than nine months on the International Space Station. The SpaceX Crew-9 mission launched ...The Hill - 47m
More in Politics
-
Democrats push back on plans to use military installations as migrant detention centers
Democrat lawmakers are pushing back against Trump administration plans to detain thousands of undocumented immigrants at U.S. military sites. In a letter signed by nine Democrats and sent to the ...The Hill - 29m -
Sadly, Trump is right on Ukraine
Ukraine's President Volodymyr Zelensky provoked wider war by violating peace deals with Russia and seeking NATO military aid and membership, while Joe Biden also contributed crucially to the ...The Hill - 32m -
Live updates: Musk's USAID actions ruled 'likely' unlawful; Roberts pushes back on Trump's call for judge's impeachment
Supreme Court Chief Justice John Roberts issued a rare rebuke of President Trump on Tuesday amid an escalating battle between the executive and judicial branches of government over the president's ...The Hill - 39m -
Indian prime minister joins Trump's Truth Social platform
Indian Prime Minister Narendra Modi has joined President Trump’s Truth Social platform. “Delighted to be on Truth Social! Looking forward to interacting with all the passionate voices here and ...The Hill - 44m -
Watch live: NASA astronauts return to Earth after 9 months on International Space Station
NASA astronauts Suni Williams and Butch Wilmore are expected to return to Earth Tuesday afternoon after more than nine months on the International Space Station. The SpaceX Crew-9 mission launched ...The Hill - 47m