Judge Raises Potential Implications in Trump’s Use of Wartime Law for Deportations

A Justice Department lawyer has maintained that the deportation flights were carried out legally.

Salvadoran police officers escort alleged members of the Tren de Aragua gang recently deported by the U.S. government to be imprisoned in the Terrorism Confinement Center (CECOT) prison, as part of an agreement with the Salvadoran government, at the San Oscar Arnulfo Romero international airport in San Luis Talpa, El Salvador, on March 16, 2025. Secretaria de Prensa de la Presidencia/Handout via Reuters

U.S. District Judge James Boasberg said on Friday that President Donald Trump’s invocation of the Alien Enermies Act to deport alleged Tren de Aragua gang members has “incredibly troublesome” policy implications as the judge considers whether the Trump administration flouted his order to halt the deportation flights.

During a hearing, Boasberg asked whether the government would allow Venezuelan immigrants to challenge allegations that they were members of the Tren de Aragua gang—a U.S.-designated terrorist organization—before being deported, given that the 1798 law invoked by Trump allows noncitizens to be deported without having to go through legal process during wartime or invasion against the United States.

“Why was this law essentially signed in the dark and these people essentially rushed onto planes?” Boasberg asked Justice Department attorney Drew Ensign.

“It seems to be that you only do that if you know it’s a problem and you want to get them out of the country before lawsuits can be filed,” the judge continued.

Ensign argued that the deportations were carried out in accordance with the law and that immigrants were able to challenge their cases through the country’s habeas corpus laws, which allow detainees to challenge the legality of their arrests.

Nearly 300 Venezuelan immigrants suspected of being members of the Tren de Aragua criminal gang were deported last week under Trump’s proclamation. Flights carrying the immigrants were already en route to El Salvador when Boasberg issued an order to halt the deportations and ordered the administration to turn around the planes.

At the Friday hearing, Boasberg vowed to determine whether administration officials violated his order, including identifying the person who ordered to ignore his order and the potential consequences of this. The judge has not yet made any final decision.

Boasberg had earlier issued a new order giving Justice Department officials until March 25 to explain why their failure to return the deported immigrants to the United States should not be considered a violation of his order. He later extended the deadline to March 27.

In an interview with Fox News on Wednesday, U.S. Attorney General Pam Bondi said that Boasberg had “no right” to ask questions about deportation flights and “no power” to order the administration to return the flights because they have

She said the case reflects a pattern of “liberal” judges issuing orders on matters they have no jurisdiction over.

“They’re meddling in our government,” she told the outlet. “And the question should be, why is a judge trying to protect terrorists who have invaded our country over American citizens?”

Bondi said that the Trump administration will continue to carry out deportation flights of Tren de Aragua members who are illegally inside the United States.

The White House has said that the deportation flights did not conflict with Boasberg’s order that blocked such actions because the ruling was issued after the flights had already left U.S. territory.

Trump signed the proclamation invoking the Alien Enemies Act on March 15, stating that many members of the Tren de Aragua gang have “unlawfully infiltrated the United States and are conducting irregular warfare and undertaking hostile actions” against the country.

In a Truth Social post on Thursday, Trump said that as a president, he should be able to “act quickly and decisively” in matters such as deporting “murderers, drug lords, rapists, and other such type criminals back to their homeland, or to other locations that will allow our country to be safe.”

The president has also called for the impeachment of Boasberg—who also serves as chief judge of the U.S. Alien Terrorist Removal Court—after the judge blocked his proclamation.

Supreme Court Chief Justice John Roberts countered Trump’s call, saying in a March 18 statement that “impeachment is not an appropriate response to disagreement concerning a judicial decision.”

“The normal appellate review process exists for that purpose,” Roberts said.

Jacob Burg, Jack Phillips, and The Associated Press contributed to this report.