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A federal judge has ordered the Justice Department (DOJ) to disclose detailed information about deportations carried out under a rarely used wartime law, following the department’s refusal to answer questions about the flights.
U.S. District Judge James Boasberg issued the order Tuesday after the DOJ argued that providing details about the deportation of suspected Venezuelan gang members under the Alien Enemies Act of 1798 would compromise national security and foreign relations.
“The Government maintains that there is no justification to order the provision of additional information, and that doing so would be inappropriate,” the DOJ stated in a court filing.
Boasberg, however, was unconvinced and directed the government to submit a sealed filing by Wednesday at noon, detailing key aspects of the flights, including departure times, landing times, and when individuals were transferred out of U.S. custody.
Judge Accuses DOJ of Defying Court Order
The controversy stems from a Saturday ruling in which Boasberg ordered the suspension of deportations under President Donald Trump’s proclamation invoking the Alien Enemies Act. Despite his order, flights carrying deportees landed in El Salvador and Honduras, raising questions about whether the administration defied the court’s directive.
Boasberg sharply criticized the government’s stance in a hearing Monday, summarizing it as, “We don’t care, we’ll do what we want.”
Robert Cerna, an acting field director with Immigration and Customs Enforcement (ICE), provided some details in a sworn declaration, stating that three planes carrying deportees departed the U.S. for El Salvador before the judge’s written order was formally entered into the court docket at 7:25 p.m. EDT.
According to Cerna, two flights had already left U.S. airspace before that time, and a third departed afterward, but its passengers were subject to existing removal orders unrelated to the presidential proclamation. However, plaintiffs challenging the deportations argue that the judge’s oral order, issued earlier, should have halted all flights.
Public flight tracking data cited in the lawsuit indicates the first flight landed in Honduras at 7:36 p.m., the second in El Salvador at 8:02 p.m., and the third left Texas at 7:37 p.m., landing in Honduras at 9:46 p.m. The government’s filing did not include these details but maintained that the deportations were completed before the order took effect.
Biden-Appointed Judge Faces Pressure from Trump Administration
The Justice Department has pushed back against Boasberg’s orders, filing a motion to reverse his ruling and arguing that the judge’s order is “overbroad and unconstitutional.” The administration asserts that the president has broad authority to deport individuals who pose a security risk and that courts lack jurisdiction to review such executive actions.
In an unprecedented move, the DOJ also urged a federal appeals court to remove Boasberg from the case, while President Trump personally called for his impeachment.
Taking to his social media platform, Trump labeled Boasberg a “radical left lunatic” and accused him of being a “troublemaker and agitator.”
However, Chief Justice John Roberts issued a rare public statement in response, defending the judiciary’s independence.
“For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose,” Roberts said.
What Comes Next?
With the court battle intensifying, the DOJ now has until Wednesday to provide the requested details under seal. Meanwhile, the legal showdown over Trump’s use of the Alien Enemies Act is expected to continue in higher courts, potentially setting a precedent for future executive authority in immigration enforcement.
