A federal judge is set to determine whether the Trump administration defied a court order by deporting alleged migrant gang members to El Salvador without due process, in violation of the judge’s previous orders. This hearing marks a significant clash between the executive and judicial branches of government since Trump took office.
President Trump invoked the Alien Enemies Act to remove individuals, arguing they posed a threat to national security. Despite some lacking criminal records in the U.S., ICE officials claimed they were a risk. Lawyers argue that the administration violated the court’s order to return two deportation flights carrying alleged gang members.
The Department of Justice contends that they followed the law and questions the validity of the court order. However, opponents argue that the government’s stance lacks support and goes against separation of powers principles.
The Justice Department has argued that the president was justified in removing noncitizens, whom the Trump administration claims are dangerous gang members, and that the government should not be required to provide an explanation to the court due to national security concerns. The department stated, “Even without the challenged Proclamation, the President is undoubtedly within his constitutional authority to refuse entry to foreign terrorists.” Recently, the Justice Department used the state secrets privilege to withhold further information on the flights, citing potential national security risks. It remains uncertain how DOJ attorneys will address Judge Boasberg’s inquiries regarding the deportation flights in question. The case will be heard to determine whether these flights violated a court order regarding Trump’s actions.
