A heated legal battle is unfolding between the Trump administration and federal courts over the deportation of Venezuelan nationals to El Salvador, despite a court order explicitly blocking such actions. The dispute, which has captured national attention, could potentially escalate to the Supreme Court.
Judge Boasberg Questions Trump Administration’s Intentions
During a tense motion hearing on Friday, U.S. District Court Judge James Boasberg grilled Deputy Assistant Attorney General Drew Ensign over why the administration proceeded with the deportations despite an emergency court order halting such actions. The order had temporarily blocked the administration’s use of the 1798 Alien Enemies Act to expel Venezuelan migrants, including alleged members of the gang Tren de Aragua, for 14 days.
Boasberg didn’t hold back, pressing Ensign for details on how and why at least 261 migrants were deported on Saturday, including more than 100 Venezuelans, in apparent defiance of the court order. "Why was this proclamation signed in the dark on Friday, early Saturday morning, and then these people rushed onto the planes?" the judge demanded. "To me, the only reason to do that is if you know the problem, and you want to get them out of the country before a suit is filed."
Government’s Lack of Transparency Raises Eyebrows
The administration’s failure to provide clear answers frustrated Boasberg, who pointed out that Ensign had claimed ignorance about the deportation flights during a prior court session. Boasberg reminded Ensign that the court had recessed for 38 minutes to allow the government time to gather details, yet upon returning, Ensign still reported no knowledge of the flights—even though they were already in the air.
"That's correct," Ensign admitted, adding that no one within the administration provided him with the necessary information. "I did not know they were in the air."
Court Orders Immediate Action
In response to the administration’s defiance, Boasberg has ordered officials to explain by Tuesday why they failed to comply with his directive requiring deportation flights to return. The judge also wants clarification on whether the administration knowingly ignored his ruling and proceeded with landing planes in El Salvador.
Boasberg acknowledged that the Trump administration has broad authority to enforce immigration law but expressed deep concern over its unwillingness to answer key questions. "The hypotheticals are frightening," he said. "If the courts can’t review" the use of the wartime-era deportation law, "then the president could say anyone is invading. If some foreign fisherman comes into U.S. waters, the president could say that’s an invasion. Even you would say that's alarming."
National Security and State Secrets Privilege
The legal battle could take an even more complex turn as the Trump administration considers invoking the state secrets privilege, which would allow it to withhold certain information on national security grounds. U.S. Deputy Attorney General Todd Blanche, in a court declaration filed Friday, confirmed that Cabinet-level discussions about invoking this privilege were underway. If invoked, the administration could present this argument at an upcoming appellate court hearing.
"Invoking that privilege is a serious matter that requires careful consideration of national security and foreign relations, and it cannot properly be taken in just 24 hours," Blanche told the court.
Trump Calls for Supreme Court Intervention
Meanwhile, former President Donald Trump has taken to social media, calling for urgent intervention by the Supreme Court. In a fiery post on Truth Social, Trump demanded that the court put an end to nationwide injunctions that have blocked over 300 of his executive orders and actions.
"If Justice Roberts and the United States Supreme Court do not fix this toxic and unprecedented situation IMMEDIATELY, our Country is in very serious trouble!" Trump declared.
This ongoing legal showdown highlights a critical test of the separation of powers between the executive branch and the judiciary, with potential long-term implications for immigration law and presidential authority. As the battle intensifies, all eyes are on the courts to determine the next chapter in this high-stakes confrontation.
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