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

Trump Targeting Law Firms Raises Constitutional Concerns

The way Trump targeted the firms could go against of the U.S. Constitution’s First Amendment.
Inc. - Mar. 9
Panic politics: Law professors' umpteenth 'constitutional crisis' falls flat

"Constitutional crisis" is the new way for law professors to express political disagreement.
The Hill - Mar. 8
Judge demands answers after Trump administration ignores rulings over deportation flights

A judge is demanding answers as to why the Trump administration ignored his ruling on a series of deportation flights. According to the Constitution, the decision should have been binding. However, ...
CBS News - 8h
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 - 9h
Trump admin live updates: White House asks court to stay deportation flights TRO

Despite a federal judge ordering deportation flights of Venezuelans to cease, video shows more deportees arriving in El Salvador.
ABC News - 2d
Trump administration briefing: judge incredulous at deportations defense; Doge workers break into building

White House denies violating judge’s order with Venezuela flights; Elon Musk’s Doge workers break into non-government agency – key US politics stories from Monday at a glance. The Trump ...
The Guardian - 20h
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 - 20h
‘Nothing like this in American history’: the crisis of Trump’s assault on the rule of law

Even if the supreme court were to resist the president’s onslaught, it has little means to enforce its decisions. When the chief justice of the US supreme court , John Roberts, delivered his ...
The Guardian - Mar. 9
Judge orders Trump White House to disclose deportation flight details

The Trump administration went to court Monday defending its decision to invoke the Alien Enemies Act of 1798 and deport hundreds of alleged gang members to El Salvador. On Saturday night, a judge ...
CBS News - 22h
Chief justice's rebuke of Trump shows deep concern about attacks on courts: ANALYSIS

John Roberts responded after Trump called for a federal judge to be impeached.
ABC News - 23m
Where Are Trump and Musk Taking Us?

A typology of constitutional crises and constitutional rot.
The New York Times - 6d
'Heck of a stretch': Judge grills DOJ over Trump deportation flights

A judge is hearing arguments Monday over whether officials knowingly violated a court order when they handed over 200 alleged gang members to El Salvadoran authorities.
ABC News - 23h
Why the Trump administration is wrong about an energy crisis in the US: Experts

The Trump administration has expended a lot of energy into sparking the idea that there is a looming energy crisis in the U.S.
ABC News - 5d
Trump calls for impeachment of judge in deportation flight case

President Trump on Tuesday called for the impeachment of a federal judge who directed flights carrying Venezuelan migrants to be turned around in what has become a contentious battle with the ...
The Hill - 8h
Passenger attacked a flight attendant, swallowed rosary beads on plane

Court records say a passenger on a small regional flight to Miami attacked a flight attendant and swallowed rosary beads as pilots returned to the airport in Savannah, Georgia
ABC News - 6d
US deports 250 alleged gang members to El Salvador despite court ruling to halt flights

Trump invoked 1798 law previously used to detain Japanese Americans in second world war to justify deportations. The US deported more than 250 mainly Venezuelan alleged gang members to El ...
The Guardian - 2d
Timeline of Trump’s Deportation Flights, From Alien Enemies Act to Judge’s Order

A New York Times review of flight data showed that at the time of a federal judge’s order, two flights were in the air, and one had not yet taken off.
The New York Times - 9h
Timeline of Trump’s Deportation Flights, From Alien Enemies Act to Judge’s Order

A New York Times review of flight data showed that at the time of a federal judge’s order, two flights were in the air, and one had not yet taken off.
The New York Times - 9h
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
Courts grapple with 'King' Trump

The White House sees few, if any, limits on President Trump's executive powers in his second term, but the federal court system is much less sure. Trump's mass firings and dismantling of various ...
The Hill - Mar. 9
Judge lashes out at Trump admin over deportation flights

A federal judge lashed out at the Trump administration Monday for refusing to answer questions about flights deporting Venezuelan migrants under the Alien Enemies Act after he ordered them to turn ...
The Hill - 23h
Judge orders Trump administration to reveal details of deportation flights to El Salvador

The Trump administration has until noon Tuesday to share details with a federal judge about the deportation flights carrying undocumented Venezuelans with alleged gang ties over the weekend. CBS ...
CBS News - 10h
Breakdown of Alien Enemies Act and Trump administration's deportation flights against judge's order

The Trump administration has until noon Tuesday to share details with a federal judge about the deportation flights carrying undocumented Venezuelans. The White House carried out the flights even ...
CBS News - 7h
Man assaults 2 people on American Airlines flight, says he was 'mad' at Trump: FBI

A Texas man was arrested for violently assaulting a flight attendant and a passenger while on board an American Airlines flight earlier this month, according to the FBI.
ABC News - Mar. 11
Pace of deportation flights under Trump is slower than under Biden

Countries that received more deportation flights don't see major changes and predict that the year will end with fewer deportees than previous years.
NBC News - 5d
Roberts rebukes Trump, allies over attacks against federal judge

Supreme Court Chief Justice John Roberts has issued a rare statement rebuking a push to impeach judges, hours after President Trump echoed such calls amid a clash with a federal judge over migrant ...
The Hill - 5h
Trump-backed plan to fund government raises GOP concerns on defense

Republicans are raising concerns about what the Trump-backed strategy to stave off next week’s government shutdown threat could mean for defense programs for the next six months. President Trump ...
The Hill - Mar. 8
Trump brings birthright citizenship argument to Supreme Court

The Trump administration asked the Supreme Court for an emergency intervention Thursday limiting lower court rulings that are blocking President Trump's plans to restrict birthright citizenship. ...
The Hill - 5d
With Deportations, Trump Steps Closer to Showdown With Judicial Branch

“Oopsie … Too late,” El Salvador’s president said, mocking a court order that deportation flights to his country turn back to the United States. Top administration officials thanked him.
The New York Times - 1d
Trump administration ignores judge's order to divert 2 flights back to US: Sources

President Donald Trump's administration decided to ignore a judge's order to turn around two flights containing alleged Venezuelan gang members, sources said.
ABC News - 1d
Maryland Gov. highlights concern for trade after Trump’s 'erratic' behavior

Maryland Gov. Wes Moore (D) highlighted his concern for trade in his state after President Trump’s tariffs went into effect, calling his behavior “erratic.” Moore joined CBS News’s “Face the ...
The Hill - 2d
Trump’s Birthright Citizenship Order Reaches the Supreme Court

Trump administration lawyers asked the justices to limit the sweep of decisions by three lower courts that issued nationwide pauses on the policy.
The New York Times - 4d
Appeals court reinstates portions of Trump’s DEI orders

A federal appeals court Friday reinstated portions of President Trump’s executive orders targeting diversity, equity and inclusion (DEI) programs that were blocked by a lower court. The unanimous ...
The Hill - 3d
Trump addresses economy concerns amid shifting policy on tariffs

President Donald Trump addressed concerns around the economy after a volatile week on Wall Street. It comes as Trump imposed tariffs on Canada and Mexico only to change course and pause some ...
NBC News - Mar. 8
Canada's next prime minister managed the financial crisis, then Brexit and now Trump's trade war

Canada’s next prime minister has helped run two Group of Seven economies in crisis before and now will try to steer Canada through a looming trade war brought by U.S. President Donald Trump, a ...
ABC News - Mar. 10
Musk, Rubio clashed in front of Trump during Cabinet meeting: Sources

During a charged Cabinet meeting Thursday at the White House, Elon Musk clashed with top Cabinet officials, sources told ABC News
ABC News - Mar. 7
Tuesday Briefing

The Trump administration clashes with a judge.
The New York Times - 17h
Trump's approval dips amid concerns over economy: Poll

President Trump’s approval rating has dropped a few points since he first took office, with voters increasingly expressing concerns over the state of the economy, according to a new poll. The ...
The Hill - Mar. 11
Trump asks Supreme Court to intervene in birthright citizenship cases

The Trump administration asked the Supreme Court to limit three lower court orders that blocked enforcement of his birthright citizenship executive order nationwide.
CBS News - 5d