A judge has given the Justice Department until noon on March 20 to give him information on the deportation of Venezuelans at the weekend.
It comes after the Justice Department warned him on March 19 that giving him the information could have a “catastrophic” effect on U.S. foreign policy.
A Tense Standoff
The standoff between the Trump administration and Judge James Boasberg is a developing constitutional crisis, with the Trump administration insisting that it can use wartime legislation to deport people without judicial oversight.
Can Alleged Gang Members Be Considered Soldiers?
On Saturday, March 15, Boasberg imposed a temporary restraining order on immigration officials who were about to deport alleged Venezuelan gang members to a prison in El Salvador.
The men were deported that same day, the Trump administration invoking the Alien Enemies Act, a rarely used 18th century law that allows for the removal of enemy soldiers at times of war.
On Monday, March 17, Boasberg demanded answers and suggested that the Trump administration may be in contempt of court for deporting the men.
The Standoff
On March 19, Justice Department lawyers filed a document in Boasberg’s court, strongly resisting his demand for information on the deportation flights.
Their filing states that Boasberg should give them a written assurance that he will not share the classified information they will submit to the court.
Catastrophic Effect
In its filing, the Justice Department claims that any public disclosure by Boasberg could not be remedied by an appellate court and “the effect on United States foreign policy could be catastrophic.”
Judicial Fishing Expedition
In a confrontational tone, the Justice Department’s filing accuses Boasberg of launching a “micromanaged and unnecessary judicial fishing expedition” to get the classified information and alleges that the confrontation is “a picayune [petty] dispute over the micromanagement of immaterial fact finding.”
Boasberg, a Washington, D.C. federal judge, rejected these claims in a written reply.
“To begin, this court seeks this information not as a ‘micromanaged and unnecessary judicial fishing expedition’ but to determine if the government deliberately flouted its orders issued on March 15, 2025 and, if so, what the consequences should be.”
A Deadline Looms
Boasberg gave the Justice Department until noon on Thursday to give him information on the deportations, including the names of the deported men, when they were deported and the reasons for deporting each man.
Are Trump’s Actions Legal?
Eric Welsh, Partner at the California-based Reeves Immigration Law Group, told Newsweek that the DOJ is relying on rarely used warlike legislation to carry out its deportations: “The Alien Enemies Act (AEA) is a 227-year-old law that gives the president the power to arrest and remove noncitizen aliens if there is a declared war between the U.S. and the aliens’ nation, or if that nation or government perpetuates or attempts to undertake an ‘invasion’ or ‘predatory incursion’ against the U.S.”
Not Used Since WWII
“The AEA only applies to warlike actions and has only ever been invoked during times of war. Before last week, the AEA was invoked three times, each involving actual declared wars: the War of 1812, World War I, and World War II. Since only Congress can declare war, AEA’s wartime authority requires Congressional declaration,” Welsh said.
“Trump’s proclamation seeks to bypass a formal declaration of war against a foreign government by referring to Venezuelan gangs as a ‘hybrid criminal state’ that is perpetrating ‘an invasion of and predatory incursion’ of America.”
What Happens Next
Boasberg will hold a hearing at noon on Thursday, March 20. If the Justice Department doesn’t disclose the information he wants, or if the information shows that the government deported the Venezuelan men in defiance of Boasberg’s order, he could hold various parts of the Trump administration in contempt of court.
That could create a major constitutional crisis if the Trump administration continues with deportations and the issues will only likely be resolved by a higher federal court.
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