The Trump administration has moved to remove a federal judge who questioned whether the White House defied a court order by deporting hundreds of Venezuelans to El Salvador.
The Justice Department filed the request on Monday, targeting Justice James Boasberg just before a hearing in his Washington courtroom. Boasberg had ordered the administration to provide details on when deportation flights took off, including whether they departed after his injunction was issued.
The dispute follows President Donald Trump’s decision to deport more than 200 Venezuelans, whom his administration claims are members of Tren de Aragua, a gang linked to kidnapping, extortion, and contract killings. The flights took place despite a temporary court order blocking deportations under the Alien Enemies Act of 1798.
Trump has expanded executive authority since taking office in January, cutting congressional spending, dismantling federal agencies, and removing thousands of government workers. The administration argues that courts have no jurisdiction over the president’s use of the 18th-century law, which historically has only been applied in wartime.
During an emergency hearing on Saturday, the American Civil Liberties Union (ACLU) secured a two-week block on Trump’s use of the Alien Enemies Act for deportations. However, the administration claimed it did not violate the order, arguing that 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 filing.
Legal scholars dismissed the administration’s justification.
“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 so long as it is not physically on US soil.”
The administration’s actions have sparked concerns about judicial independence. Trump’s critics argue that his refusal to comply with 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.
Secretary of State Marco Rubio defended Trump’s approach and criticised the judiciary for issuing nationwide injunctions.
“All you’ve got to do is find a judge anywhere in America and issue these orders that apply nationally,” Rubio said on Fox News, questioning the scope of judicial authority.
Trump has used the Alien Enemies Act in a rare move to justify deportations. The law has only been invoked three times in US history—during the War of 1812, World War I, and World War II, when it was used to justify the internment of people of Japanese, German, and Italian descent.
The White House claimed that 261 people were deported, including 137 under the Alien Enemies Act and over 100 through standard immigration proceedings. The administration also deported 23 Salvadoran MS-13 gang members.
The ACLU and Democratic lawmakers have challenged the deportations, arguing that the administration failed to provide evidence linking the Venezuelans to criminal activity.
Four Democratic senators—Dick Durbin, Alex Padilla, Cory Booker, and Peter Welch—called the use of the Alien Enemies Act “an unlawful and brazen power grab.”
“All of us, including the courts, must continue to hold this administration accountable and prevent Trump from taking us down a dark and dangerous road,” they said in a joint statement.
The White House has maintained that it complied with the judge’s order and continues to defend its immigration policies.
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