The Trump administration’s effort to deport criminal Venezuelan nationals using a wartime law is now tied up in federal court after a D.C. judge blocked the flights. The case could shape the president’s authority to remove dangerous non-citizens.
Key Facts:
- A D.C. district court judge, James Boasberg, halted deportation flights of Venezuelan nationals on March 15.
- The Trump administration invoked a 1798 wartime law to authorize a 14-day deportation period targeting gang-affiliated Venezuelans.
- Boasberg ordered the administration to provide detailed information about the flights, which the government resisted citing national security.
- The D.C. Circuit Court of Appeals will hear oral arguments Monday; two of the three judges were appointed by Republican presidents.
- The government may invoke the State Secrets Act to shield sensitive details from the court.
The Rest of The Story:
The Trump administration attempted to deport certain Venezuelan nationals, including alleged members of the violent gang Tren de Aragua, under a 1798 law designed for emergency wartime powers.
A flight carrying some of these individuals departed for El Salvador just hours after Judge James Boasberg issued an order halting such deportations.
Boasberg, an Obama appointee, then demanded the administration submit detailed information on the flights—who was deported, how many, where the planes landed, and when they departed.
The administration initially refused, calling the demands intrusive and possibly damaging to diplomatic negotiations.
Officials hinted at using the State Secrets Act to avoid disclosure.
Despite offering a limited response from an ICE director, Boasberg criticized the submission as “woefully insufficient” and accused the government of evading its obligations.
The appeals court will now decide whether Boasberg overstepped or whether the administration must comply.
The Trump administration has sent a letter to an appeals court asking for judge James Boasberg to be removed from hearing the case over the Alien Enemies Act.
“The Government cannot—and will not—be forced to answer sensitive questions of national security and foreign relations.” pic.twitter.com/ULiyiO1Zgn
— Camilo Montoya-Galvez (@camiloreports) March 17, 2025
Commentary:
This case isn’t just about one deportation flight.
It’s about whether a district court judge can override a sitting president’s lawful authority to protect the country.
President Trump is using a centuries-old wartime statute to temporarily remove foreign nationals suspected of being involved with criminal organizations.
The law is clear, and so is his constitutional authority.
Immigration enforcement is firmly in the executive branch’s hands, especially when it comes to non-citizens who pose a threat.
Judge Boasberg’s actions are out of line.
Today a three judge panel on the DC Circuit Court of Appeals will hear oral arguments over whether Judge Boasberg has the jurisdiction to block President Trump from deporting Tren de Aragua gang members via the Alien Enemies Act.
Hearing is set for 1:30.
— Daniel Baldwin (@baldwin_daniel_) March 24, 2025
He’s demanding classified and sensitive national security information—details that no judge has the right to pry out of the Executive Branch.
His sweeping order risks damaging ongoing negotiations with foreign governments and hampering law enforcement operations.
Even worse, this ruling sends the message that one federal judge can override the president’s effort to secure the homeland from violent foreign actors.
That’s a dangerous precedent, especially when it undermines public safety and foreign policy.
We can only hope the appeals court judges—particularly those appointed by presidents who respect the rule of law—recognize the danger here and strike down Boasberg’s ruling.
But given this is the D.C. Circuit, where partisan decisions are all too common, our optimism is tempered.
If this case reaches the Supreme Court, we have no doubt that the justices will back the president.
The Constitution, national security interests, and common sense are all on his side.
The Bottom Line:
This legal fight goes far beyond Venezuelan deportations.
It’s a battle over whether a single federal judge can block the president from removing dangerous criminal aliens using lawful authority.
The D.C. appeals court has a chance to correct course.
If not, the Supreme Court may soon weigh in—and the president is well-positioned to win.
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