The transportation of more than 250 individuals, identified by the U.S. government as foreign gang members, to El Salvador occurred on March 16. President Nayib Bukele of El Salvador confirmed that these individuals would be transferred to the country’s mega-prison facility, CECOT, as reported by the El Salvador Presidency.
Legal representatives of the government are scheduled to return to court on Friday to engage in discussions regarding the legality of former President Donald Trump’s invocation of the Alien Enemies Act. This act, originally established in 1798, was invoked by Trump over the previous weekend to address members of the Venezuelan prison gang, Tren de Aragua, alleging their invasion of the United States.
Federal district judge James Boasberg in Washington, D.C., initially issued an injunction blocking immediate deportations under the act in response to a lawsuit filed by immigrant advocacy groups. Nevertheless, despite this order, three flights carrying more than 250 deportees from the United States reached El Salvador on the same evening.
The court session scheduled for Friday will further examine the temporary restraining order implemented by Judge Boasberg. This case underscores the growing tensions between the judiciary and the executive branches, with certain Republican officials accusing Boasberg of judicial overreach, consequently calling for his impeachment.
Throughout the proceedings, Judge Boasberg has expressed concern about whether the deportations to El Salvador violated his order. The administration has been reluctant to provide the complete information requested by the judge regarding these flights. In a legal document filed on Thursday afternoon, Boasberg referred to the government’s response as “woefully insufficient,” noting that it appeared to evade its obligations.
The Department of Justice has criticized what it perceives as excessive judicial inquiries into sensitive national security information, deeming it an inappropriate extension of judicial authority. While the session on Friday will focus on the foundational aspects of the case, discussions may arise concerning compliance with Boasberg’s directives.
Earlier this week, White House Press Secretary Karoline Leavitt presented a detailed report on the individuals involved in the three flights. Among the 261 individuals, 137 were deported under the Alien Enemies Act, while 101 were Venezuelans deported through standard immigration procedures, and 23 were identified as members of the MS-13 gang. However, it remains unclear which flight transported the alleged members of Tren de Aragua. The Justice Department has yet to provide the full details requested by the judge.
In an emergency legal filing, the government’s legal representatives criticized the proceedings as devolving into a minor dispute over unnecessary details and warned against the potential for unwarranted judicial investigations. Additionally, the Justice Department has appealed to the D.C. Circuit to have Judge Boasberg removed from the case.
In the interim, the government is contemplating whether to assert the state secrets privilege to protect details of the flights. This privilege permits executive branch officials to withhold evidence in court if it might harm national security or foreign relations. Boasberg has required government attorneys to provide further details on this consideration by Friday morning and to decide on the invocation of state secrets privilege by March 25.
Recently, Trump directly criticized Judge Boasberg during an interview, labeling him as a “radical left” judge and questioning the presence of “rogue judges.” On social media, he suggested that these judges should face impeachment.
The administration, represented by White House Deputy Chief of Staff Stephen Miller, expressed unanimous support for Trump’s comments regarding Judge Boasberg. Miller emphasized the challenges of maintaining a democratic system if individual district judges assume powers reserved for the commander in chief.
