More than 250 individuals identified by the U.S. government as foreign gang members arrived in El Salvador on March 16, where El Salvador’s President Nayib Bukele confirmed they would be detained in the country’s mega-prison, CECOT. The arrival follows the invocation of the Alien Enemies Act by former President Donald Trump, aimed at targeting members of the Tren de Aragua, a Venezuelan prison gang alleged to be infiltrating the United States. This situation has led to ongoing legal proceedings, as government lawyers prepare to return to court to discuss the legality of these actions under Judge James Boasberg’s jurisdiction.
Judge Boasberg, a federal district judge in Washington, D.C., initially blocked immediate deportations under the proclamation, responding to a lawsuit filed by immigrant rights organizations. Despite his order, over 250 deportees arrived in El Salvador, creating tensions between the judiciary and executive branches. Over the past week, the administration has not provided the comprehensive information Boasberg requested regarding the oversight of these flights.
In a recent legal filing, Judge Boasberg described the government’s explanations concerning compliance with his order as inadequate. The Justice Department countered by describing the court’s inquiries into sensitive national security matters as overreach. Furthermore, compliance to Boasberg’s judicial directives will likely be discussed in an upcoming court hearing.
White House Press Secretary Karoline Leavitt revealed that of the 261 individuals on recent deportation flights, 137 were removed under the Alien Enemies Act, 101 were Venezuelans deported through standard immigration channels, and 23 were members of the MS-13 gang. However, specific details about those flights remain undisclosed by the Justice Department.
In court documents, the lawyers have criticized the case for delving into trivial fact-finding and warned against potential unnecessary and extensive judicial scrutiny. The Justice Department has also sought to have Boasberg removed from the case through an appeal to the D.C. Circuit, potentially invoking the state secrets privilege, which allows the withholding of evidence that may compromise national security or foreign relations.
On March 19, Boasberg instructed the government to provide additional details concerning the state-secrets privilege discussions and clarify their stance by March 25. He also requested an explanation for why two deportation flights on March 15 did not contravene his emergency order blocking deportations under the Alien Enemies Act.
In recent interviews, Trump has criticized Judge Boasberg, referring to him as a “radical left” judge and questioning the judicial system that permits such figures to preside over cases affecting national policy. He suggested impeaching judges who act counter to his immigration policies.
The White House, through Deputy Chief of Staff Stephen Miller, reiterated support for Trump’s criticisms, asserting the importance of maintaining the balance of power and rejecting the notion of individual judges exerting overarching influence over executive decisions.
