A federal judge raised significant concerns on Monday regarding whether the Trump administration disregarded his orders to turn around planes carrying deportees to El Salvador. This potential violation of his recent court decision could escalate the ongoing legal battle surrounding the administration's immigration policies. District Judge James E. Boasberg expressed disbelief at the administration’s claims that only his written order—issued shortly after verbal directions—needed to be followed. He noted that it was implausible for the government to assert that his orders did not apply to flights that had already departed the United States.
During the hearing, Judge Boasberg questioned the rationale behind the administration's arguments. "That’s one heck of a stretch, I think,” he remarked, emphasizing that the government was aware of his impending decision to halt deportations under a rarely invoked 18th-century law. He further added, “I’m just asking how you think my equitable powers do not attach to a plane that has departed the U.S., even if it’s in international airspace.” Deputy Associate Attorney General Abhishek Kambli countered by stating that only the written order, issued 45 minutes after the verbal directive, was valid. He claimed it was too late to redirect two planes that had already left U.S. airspace.
The hearing centered on what Judge Boasberg termed the “possible defiance” of his court order, marking another chapter in a high-stakes legal confrontation that began when President Donald Trump invoked the 1798 Alien Enemies Act over the weekend. This law has only been utilized three times in U.S. history, all during congressional wars. Trump asserted that the law became necessary due to an alleged invasion by the Venezuelan gang Tren de Aragua.
Legal representatives, including Lee Gelernt from the ACLU, warned of a looming constitutional crisis. Gelernt stated, “There’s been a lot of talk about constitutional crisis, people throw that word around. I think we’re getting very close to it.” Following the hearing, the ACLU announced intentions to request that Judge Boasberg mandate the return of all individuals improperly deported under the administration's directives.
On Saturday night, Judge Boasberg ordered that no one in the administration’s custody could be deported under the Alien Enemies Act. He emphasized the urgency of the situation, instructing government lawyers to immediately inform their clients about any planes in transit to El Salvador, which has agreed to accept deportees in a notorious prison. As the hearing progressed, it became evident that two planes had already departed from Texas and were en route to El Salvador, continuing their flight despite Boasberg’s order.
President Nayib Bukele of El Salvador tweeted an acknowledgment of the situation, stating “Oopsie...too late,” alongside an article discussing Boasberg’s order. His tweet revealed that over 200 deportees had already arrived in El Salvador. Meanwhile, the White House communications director, Steven Cheung, echoed Bukele’s sentiments, sharing the tweet with a GIF. However, White House Press Secretary Karoline Leavitt swiftly denied claims that the administration had "refused to comply" with the court order.
The Trump administration contends that a federal judge lacks the authority to dictate presidential decisions regarding national security, particularly under the Alien Enemies Act. As the legal proceedings unfold, the Justice Department has expressed its inability to answer certain questions in a public forum due to the sensitive nature of national security and foreign relations. Judge Boasberg has scheduled further hearings to address these critical issues.
The international repercussions of the deportations to El Salvador have also begun to surface, with Venezuela's government labeling the transfers as “kidnappings.” Venezuelan officials have indicated intentions to challenge these actions as “crimes against humanity” in various international organizations, asserting that El Salvador is profiting from the plight of Venezuelan migrants.
As the courtroom drama continues, families of Venezuelan detainees are frantically searching for their loved ones, fearful they may be incorrectly labeled as gang members. One case involved Franco Caraballo, who was detained during a routine immigration check. His wife believes he was wrongfully accused due to a tattoo honoring their daughter. Caraballo’s last communication indicated he was being put on a plane to an unknown location in Texas, which subsequently facilitated flights to El Salvador.
“I’ve never seen anything like this,” said Caraballo’s immigration lawyer, Martin Rosenow, reflecting on the unprecedented circumstances surrounding the case. As the situation develops, all eyes remain on Judge Boasberg and the unfolding legal challenges that could redefine the boundaries of executive power and immigration law in the United States.
