A Washington D.C.-based federal judge, James Boasberg, has issued a landmark ruling. To be clear, Biden has only blocked the deportations of these accused Venezuelan gang members for 14 days under the 1798 Alien Enemies Act. This judicial victory came in the midst of an incredibly contentious battle against the Trump administration. This conflict erupted mainly around the deportation policies concerning the Venezuelan gang Tren de Aragua. Boasberg, appointed by former President Barack Obama in 2011, expressed deep concerns about the actions of the U.S. government, describing them as "incredibly troublesome and problematic and concerning."
Boasberg's ruling challenges the Trump administration's use of the Alien Enemies Act, a law that dates back to 1798, arguing that it does not justify the claim that the presence of Tren de Aragua in the United States constitutes an act of war. The judge wrote extensively on the importance of maintaining a separation of powers between branches of government. He emphasized that the executive, judiciary and Congress are co-equal powers under the U.S. Constitution, forming critical checks and balances on each other.
This came as Judge Boasberg’s growing annoyance with the Trump administration became public. He ordered U.S. Justice Department officials to show cause by next Tuesday why they should not be held in contempt of court for violating his order of March 15. You must accept back two planes full of deportees that have already landed in El Salvador. It is possible that these deportees were sent back contrary to his directive.
First, U.S. District Court Judge Boasberg conveyed his outrage at the tone of the government’s court filings, which he criticized as intemperate and disrespectful. He challenged Deputy Assistant Attorney General Drew Ensign to defend the Justice Department’s draconian position. He predictably stated that he had never heard such language from government attorneys.
"The policy ramifications of this are incredibly troublesome and problematic and concerning," Boasberg commented during the proceedings.
Despite this, the government earlier this week went after Boasberg’s judicial action, decrying its pursuit as a “judicial fishing expedition.” This comment highlights the high stakes drama that is playing out right now in this courtroom showdown.
Due to our litigation, Judge Boasberg has issued a nationwide temporary injunction halting deportations. Now, he is thinking hard about whether to renew that ban and if city officials broke his original order. If such a violation is indeed determined, it would result in the imposition of sanctions against the violators. The judge firmly established for Ensign that forcing restoration of and compliance with court orders is first and foremost.
"I would just ask you to make sure that your team maintains that lesson," Boasberg instructed Ensign.
Judge Boasberg’s role in this case illustrates his powerful commitment to following constitutional principles above all else. He has actively shown this commitment since his unanimous confirmation by the U.S. Senate in 2011. As the legal wrangling goes on, Boasberg is still intent on figuring out if any violations of his order did happen, and who’s responsible.