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A federal judge expressed concerns on Thursday regarding the Trump administration’s actions in an effort to expedite the deportation of Venezuelan migrants before a court decision could prevent such removals to El Salvador.
U.S. District Judge James “Jeb” Boasberg, presiding in Washington, questioned a Justice Department lawyer during a critical court session aimed at assessing whether the government disregarded his directives concerning deportation flights to El Salvador.
The judge indicated that a ruling regarding potential contempt of court could be issued as early as next week, depending on findings related to the administration’s compliance with court orders.
This legal case highlights an ongoing struggle between the Trump administration and the judiciary, particularly in light of increasing frustrations from the White House over judicial injunctions that challenge significant components of the president’s agenda. In a notable reaction, Trump has advocated for the impeachment of Boasberg, while the Justice Department contends that the judge is exceeding his jurisdiction.
Boasberg previously prohibited the government from deporting any detainees under the Alien Enemies Act, a statute from 1798, which Trump has relied upon amidst claims of an invasion by the Venezuelan criminal group Tren de Aragua. He also instructed that any flights carrying Venezuelan immigrants that were en route be returned, which ultimately did not occur.
Judge Boasberg, who was appointed by former President Barack Obama, suggested that there was a possible effort by the administration to quickly remove deportees before judicial intervention could take place. He expressed skepticism regarding the government’s motivations, stating, “If you really believed anything you did that day could survive a court challenge, I cannot believe you would have operated the way you did.”
In defense, the Justice Department asserted that the judge’s instructions did not apply to flights that were airborne prior to his ruling. They highlighted that the written order did not mention flights already outside U.S. airspace and that the judge lacked the authority to compel the president to bring back the planes.
The administration has not provided answers to the judge regarding flight specifics, framing this information as matters of “state secrets.”
During the proceedings, Deputy Assistant Attorney General Drew Ensign advised the judge that revealing flight details could pose diplomatic risks, considering the migrants were being relocated to a third country. He repeatedly claimed ignorance about any operational specifics concerning those flights scheduled for March 15.
The Trump administration is currently seeking Supreme Court permission to continue deporting Venezuelan migrants to El Salvador under the rarely invoked Alien Enemies Act. The Justice Department maintains that federal courts should refrain from interfering with sensitive diplomatic discussions and argues that migrants should pursue their claims in a Texas federal court where they are currently detained.
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