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Trump Administration Faces Legal Battle Over Use of Alien Enemies Act for Deportations

Judge Boasberg demands an explanation for deportation flights carried out despite his restraining order, as the Supreme Court may soon weigh in on executive authority.

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White House border czar Tom Homan speaks to reporters at the White House, Tuesday, March 4, 2025, in Washington.
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Senate Minority Leader Chuck Schumer appears on Meet the Press on March 23, 2025.

Overview

  • President Trump invoked the 1798 Alien Enemies Act to deport 137 Venezuelan migrants, claiming they were members of the Tren de Aragua gang.
  • Two deportation flights proceeded despite U.S. District Judge James Boasberg's verbal order to halt them, raising questions about compliance with judicial authority.
  • Judge Boasberg has ordered the administration to explain its actions and whether they violated his restraining order, with potential contempt proceedings looming.
  • Critics, including legal experts and Chief Justice John Roberts, have questioned the constitutionality of invoking the Alien Enemies Act in peacetime and rebuked calls for Boasberg's impeachment.
  • The Trump administration asserts it will abide by court orders while continuing deportations under other legal authorities, as the case heads toward possible Supreme Court review.