The legal battle over the deportation of Venezuelan migrants to El Salvador intensified Monday after the U.S. District Court Judge James Boasberg demanded an explanation from the Trump administration for defying a court order to halt the removals.
More than 200 immigrants, all considered alleged members of the Tren de Aragua (TDA) gang, were deported to the Centro de Confinamiento del Terrorismo (CECOT) in El Salvador despite the judge’s directive. The deportees were flown to the maximum-security facility, where they had their heads shaved and were placed in shackles.
The case dispute came after President Donald Trump invoked the centuries-old Alien Enemies Act of 1798, a wartime measure last enacted during World War II, to justify these deportations. The administration argues the law grants legitimate authority for the deportations, allowing them to bypass typical due process protections.
White House official Stephen Miller described TDA as “one of the most dangerous terrorist organizations on planet earth.”
Boasberg called the administration’s interpretation of his order “a heck of a stretch” and pressed for answers as to why his verbal ruling was seemingly ignored. Department of Justice attorney Abhishek Kambli repeatedly declined to provide specific details about the deportation flights, citing national security.
The American Civil Liberties Union along with the nonprofit Democracy Forward filed the lawsuit, “J.G.G v. Trump,” early Saturday morning, challenging the invocation of the act within the administration’s defended context. Later that same day, Boasberg held an emergency hearing where he issued a nationwide temporary restraining order (TRO) to block the deportation of all non-citizens in U.S. custody affected by Trump’s use of the act for 14 days.
“The government walked into court today and said we can’t share any facts, that is all the most sensitive national security material,” said ACLU lead counsel Lee Gerlernt in a press conference held after the Monday evening hearing. “Yet, you cannot turn on the TV, look at Twitter and not see posts by the U.S. government talking about it.”
Gelernt warned of broader implications, adding, “As I said in the hearing, I do think we are slipping closer and closer into a constitutional crisis.”
With the noon deadline on Tuesday looming over the Trump administration to explain its actions, the court’s response could set a precedent for how the Alien Enemies Act of 1798 is applied to modern immigration policy.
