The Trump administration has taken steps to remove a federal judge who questioned whether the White House defied a court order by deporting hundreds of Venezuelans to El Salvador.
On Monday, the Justice Department filed a request to disqualify Judge James Boasberg just before a scheduled hearing in his Washington courtroom. Boasberg had previously ordered the administration to disclose details about the deportation flights, including whether they departed after his injunction was issued.
Legal Clash Over Deportations
The dispute follows President Donald Trump’s decision to deport over 200 Venezuelans, whom his administration claims are linked to the criminal gang Tren de Aragua, known for kidnapping, extortion, and contract killings. The deportations occurred despite a temporary court order blocking such actions under the Alien Enemies Act of 1798.
Trump has aggressively expanded executive authority since taking office, cutting congressional spending, restructuring federal agencies, and removing thousands of government workers. His administration argues that courts lack jurisdiction over his use of the 18th-century law, which historically has only been applied during wartime.
During an emergency hearing on Saturday, the American Civil Liberties Union (ACLU) secured a two-week halt on deportations under the Alien Enemies Act. However, the administration insisted it had not violated the order, claiming the flights had already departed when the written injunction was issued.
“The judge’s spoken directive to return any planes was not enforceable,” the Justice Department stated in a legal filing.
Pushback From Legal Experts
Legal scholars strongly criticized the administration’s argument.
“A governmental plane on governmental business is not in a law-free zone,” said Michael J. Gerhardt, a constitutional law professor at the University of North Carolina. “If that were the case, the government could do whatever it wants as long as it is not physically on U.S. soil.”
The administration’s actions have raised concerns about judicial independence, with critics warning that Trump’s defiance of court rulings threatens the balance of power between the executive and judicial branches.
“With the Republican-controlled Congress backing him, federal judges are often the only check on Trump’s authority,” said one legal expert.
Meanwhile, Secretary of State Marco Rubio defended the administration’s stance, arguing that nationwide injunctions issued by federal judges have increasingly obstructed presidential authority.
