Judge blocks Trump from deporting noncitizens under Alien Enemies Act, orders flights turned around

[bilo]

I believe he will.  He has the authority.  I still think the House needs to start impeachment proceedings on these judges. DEMS favorability is at an all time low -- perhaps the GOP could get the votes needed to impeach.  It's worth trying.

It's a waste of time and resources. The Senate will never convict and some weak Rino's will be scared off by the Rat talking point that the impeachments are an attack on democracy.

[mountaineer]

Jonathan Turley
@JonathanTurley
The response of the Administration should be to seek an expedited appeal. The district court cannot drag out a TRO very long before issuing an order that can be appealed. The GOP should avoid the impeachment craze that consumed Democratic members.
9:53 AM · Mar 16, 2025

Jonathan Turley
   March 16, 2025   
No, the House Should Not Impeach Judge Boasberg Over His Tren de Aragua Restraining Order

I have previously written against calls to impeach federal judges who have ruled against the Trump Administration in the issuing of temporary restraining orders (TROs) and preliminary injunctions. The latest target of such calls in the House is  District Court Judge James Boasberg, who issued a temporary restraining order against Trump’s invocation of the Alien Enemies Act.  GOP members are making a mistake in engaging in the same impeachment craze that took hold of the Democratic members in prior years (and continues this year). The way to respond to such rulings is to appeal them, not to try to remove judges (which is neither warranted nor likely).

One of the greatest abuses of the Democratic party in the past eight years has been their use of impeachment investigations and charges against their political opponents. From President Donald Trump to conservative justices, liberal members have demanded impeachments over everything from opposing the NFL kneelers to hanging revolutionary-era flags.

Now, some Republican members (and Elon Musk) have joined this frenzy in calling for the impeachment of judges who ruled against Trump’s earlier executive orders and programs. Elon Musk has supported this effort.

The Trump Administration was fully aware that the executive proclamation invoking the use of the Alien Enemies Act to detain and deport members of Tren de Aragua would be controversial. While the Administration believes that it can establish the legal basis for such use of the largely dormant law, the issuing of a temporary restraining order within hours of the EO was not unexpected. We expect an expedited and intense appeal process to now unfold. ...

[American Girl]

Excerpt:
President Donald Trump’s White House just delivered a masterclass in America First defiance, ignoring a federal judge’s order to turn around deportation flights carrying violent Venezuelan Tren de Aragua gang members—and El Salvador’s President Nayib Bukele backed the play, leaving the left in a meltdown. On Saturday, Chief U.S. District Judge James Boasberg, an Obama appointee, issued a temporary restraining order blocking Trump’s use of the 1798 Alien Enemies Act to deport over 200 gangsters to El Salvador without hearings, demanding the planes return mid-flight, per the Washington Post and Axios. But Trump’s team, led by Attorney General Pam Bondi—who’s already appealed—pressed ahead, unloading the thugs in El Salvador, where Bukele agreed to incarcerate them for a fee. White House adviser Stephen Miller and press secretary Karoline Leavitt explained why: the flights were over international waters, the order lacked jurisdiction, and Trump’s Article II powers trump a “single judge in a single city,” as Leavitt stated on X.



Just because Obama ran a third term through the vegetable, Joe Biden, doesn’t make him ruler now

If Joe can fly the criminals in,  we can fly the criminals out.
https://www.rightjournalism.com/heres-why-trumps-white-house-ignored-judges-order-to-halt-deportation-flights-video/

[mystery-ak]

Excerpt:

    The timeline: The president signed the executive order invoking the Alien Enemies Act on Friday night, but intentionally did not advertise it. On Saturday morning, word of the order leaked, officials said, prompting a mad scramble to get planes in the air.

        At 2:31 p.m. Saturday, an immigration activist who tracks deportation flights, posted on X that "TWO HIGHLY UNUSUAL ICE flights" were departing from Texas to El Salvador, which had agreed to accept Venezuelan gang members deported from the U.S.
        Hours later, during a court hearing hours later filed by the ACLU., Boasberg ordered a halt to the deportations and said any flights should be turned around mid-air.
        "This is something that you need to make sure is complied with immediately," he told the Justice Department, according to the Washington Post.
        At that point, about 6:51 p.m., both flights were off the Yucatan Peninsula, according to flight paths posted on X.

The report contends that the White House considered ordering the planes to turn around, but decided against it:

    Inside the White House, officials discussed whether to order the planes to turn around. On advice from a team of administration lawyers, the administration pressed ahead.

        "There was a discussion about how far the judge's ruling can go under the circumstances and over international waters and, on advice of counsel, we proceeded with deporting these thugs," the senior official said.
        "They were already outside of US airspace. We believe the order is not applicable," a second senior administration official told Axios.

more
https://redstate.com/bobhoge/2025/03/16/report-the-reason-why-wh-ignored-judges-order-requiring-planeload-of-gang-members-to-turn-around-n2186736

[rustynail]

"word of the order leaked" was Kellyanne Conway around the Whitehouse?

[mystery-ak]

https://twitter.com/nicksortor/status/1901665351525392418

[mystery-ak]

https://twitter.com/julie_kelly2/status/1901650129871921176

[Free Vulcan]

https://twitter.com/collinrugg/status/1901377247401177365

[Right_in_Virginia]

https://twitter.com/guypbenson/status/1901399107077537913

[bilo]

https://twitter.com/collinrugg/status/1901377247401177365

I love this guy!

He understood before most that we are in an asymmetric war and illegal aliens, especially terrorist organizations, are one component.

[cato potatoe]

The notion of scheduling 20 million deportation hearings is preposterous.  It’s an invasion, and either we treat it as such, or the invaders are here to stay.  Where were these crackpot judges during Operation Wetback?  Did they take the summer off?

[IsailedawayfromFR]

Uh, the only authorities that trump a federal district court are the appeals court in whose circuit it sits, or the Supreme Court, and the only authority that trumps a circuit court is the Supreme Court.  So unless either a controlling circuit court or the Supreme Court has spoken on a particular issue, then the district court that issues an order or a decision is the ultimate arbiter of the Constitution.

Negative.

The Constitution contains nothing of the sort.

You are lying, once again.

[Cyber Liberty]

Negative.

The Constitution contains nothing of the sort.

You are lying, once again.

Never mentioned:  The Judicial Branch of the Federal Government consists of exactly nine Justices and nothing more.  All inferior Courts are part of the Legislative Branch, and are under the control of Congress.  Any decisions from them against the Executive Branch are violations of the separation of power.

A normal SCOTUS would shoot this down in an instant, but we don't have one when we have Barrett and Roberts.

[Wingnut]

I wouldn't be surprised to see a Federal Judge order Trump to return the Astronauts to the Space Station.

[Cyber Liberty]

I wouldn't be surprised to see a Federal Judge order Trump to return the Astronauts to the Space Station.

Babylon Bee already has that story.

https://babylonbee.com/news/judge-orders-astronauts-be-returned-to-space-station

[Fishrrman]

My thoughts posted earlier, here:
https://www.gopbriefingroom.com/index.php?topic=555861.msg3153018#msg3153018

And... as I suggested then... perhaps it's time to tell the Supreme Court that Marbury v. Madison can... go straight to hell.

Sorry if you don't like this post.

[mountaineer]

Margot Cleveland
@ProfMJCleveland
Entire hearing was Exhibit A for why this dispute is non-judiciable

https://twitter.com/ProfMJCleveland/status/1901744325848920406

[mountaineer]

Trump DOJ asks DC appellate court clerk to reassign Venezuelan deportation lawsuit to another judge besides Boasberg.

Sean Davis
@seanmdav
At this point, it’s probably necessary to remove any security clearances Boasberg has and investigate in-depth any financial ties he has to the foreign terrorist organizations at issue in this case.

As the DOJ letter notes, Boasberg—who was deeply involved in the Russiagate conspiracy to overthrow Trump—certified a foreign terrorist organization as a class for the sole purpose of blocking military action against it, and did so within minutes and without any evidentiary hearings.
4:35 PM · Mar 17, 2025

https://twitter.com/julie_kelly2/status/1901731516679663994

[Kamaji]

Negative.

The Constitution contains nothing of the sort.

You are lying, once again.

If you say so, big boy. 

[Right_in_Virginia]

I wouldn't be surprised to see a Federal Judge order Trump to return the Astronauts to the Space Station.

 

[Right_in_Virginia]

Never mentioned:  The Judicial Branch of the Federal Government consists of exactly nine Justices and nothing more.  All inferior Courts are part of the Legislative Branch, and are under the control of Congress.  Any decisions from them against the Executive Branch are violations of the separation of power.

A normal SCOTUS would shoot this down in an instant, but we don't have one when we have Barrett and Roberts.

 

[Wingnut]

Babylon Bee already has that story.

https://babylonbee.com/news/judge-orders-astronauts-be-returned-to-space-station

Wow.  I stole that from a friend.  Didn't know it was a thing.  Those bee guys are ballers.

[Bigun]

Never mentioned:  The Judicial Branch of the Federal Government consists of exactly nine Justices and nothing more.  All inferior Courts are part of the Legislative Branch, and are under the control of Congress.  Any decisions from them against the Executive Branch are violations of the separation of power.

A normal SCOTUS would shoot this down in an instant, but we don't have one when we have Barrett and Roberts.

I recall mentioning it a time or two.

[Cyber Liberty]

I recall mentioning it a time or two.

Yes, you have!   

[bilo]

Never mentioned:  The Judicial Branch of the Federal Government consists of exactly nine Justices and nothing more.  All inferior Courts are part of the Legislative Branch, and are under the control of Congress.  Any decisions from them against the Executive Branch are violations of the separation of power.

A normal SCOTUS would shoot this down in an instant, but we don't have one when we have Barrett and Roberts.

I'm glad you reminded me of this. It didn't register with me at the time why Justice Alito was so adamant that the district court lacked jurisdiction with the USAID 2 billion dollar ruling.

Roberts is going to be confronted with having to uphold the Constitution whether he wants to or not. Otherwise our judicial system is going to lose all credibility.

[libertybele]

I'm glad you reminded me of this. It didn't register with me at the time why Justice Alito was so adamant that the district court lacked jurisdiction with the USAID 2 billion dollar ruling.

Roberts is going to be confronted with having to uphold the Constitution whether he wants to or not. Otherwise our judicial system is going to lose all credibility.

Roberts I'm convinced is compromised and Barrett ... well, I'm not so sure that she hasn't been as well.  Just sayin'. 

[IsailedawayfromFR]

If you say so, big boy. 

Only what the Constitution says.

Read it sometime, you might learn something.

[Kamaji]

Never mentioned:  The Judicial Branch of the Federal Government consists of exactly nine Justices and nothing more.  All inferior Courts are part of the Legislative Branch, and are under the control of Congress.  Any decisions from them against the Executive Branch are violations of the separation of power.

A normal SCOTUS would shoot this down in an instant, but we don't have one when we have Barrett and Roberts.

Total and utter bullshit.  Go read the Constitution.

Art III, sec. 1, first sentence:  "The judicial power of the United States, shall be vested in one Supreme Court, and in such inferior courts as the Congress may from time to time ordain and establish."

The district courts and the circuit courts are all "inferior courts" that have been ordained and established by Congress and they are therefore Art. III courts that exercise the judicial power of the United States.

They are most definitely not so-called administrative courts, like the U.S. Tax Court.

[Smokin Joe]

Wow.  I stole that from a friend.  Didn't know it was a thing.  Those bee guys are ballers.

They had to keep ahead of Biden's crew...

[mountaineer]

The wife of Obama judge blocking Trump's deportation of illegal criminal aliens is the founder of an abortion NGO funded, indirectly, by USAID and Soros. I understand his daughter also may receive taxpayer funds for some leftist cause.

https://twitter.com/amuse/status/1901992280128356697

[mountaineer]

Protecting Terrorists Is Just The Latest Of Judge Boasberg’s Partisan Activism
An activist judge in Washington, D.C. tried to prevent Trump from deporting designated terrorists from U.S.
By: Beth Brelje
March 17, 2025

Miraculously, another case aiming to choke off President Donald Trump’s executive authority has landed in the lap of U.S. District Court Judge James Boasberg.

The activist judge in the Washington, D.C., federal court worked overtime this weekend overreaching his power in a failed attempt to stop Trump from deporting alleged members of Tren de Aragua, which is designated as a Foreign Terrorist Organization. ...

Last year, President Joe Biden’s administration designated Tren de Aragua a transnational criminal organization, meaning this was not just a Trump thing. Everyone agrees, Tren De Aragua are bad hombres. Who could be opposed to removing terrorists from the U.S.? Hardcore Democrats who passed the bar exam and are still hellbent on seeing Trump fail. Even if it means a few more daughters are raped and killed by terrorist gangs.

By Saturday, opposition to terrorist deportation surfaced from the anti-American ACLU and the far left lawfare firm, Democracy Forward, led by Marc Elias (he has an entire page at The Federalist). The meddling attorneys whipped up a complaint and went to Old Faithful, Judge Boasberg. They asked for a temporary restraining order to stop the Trump Administration from the deportation. ...

Between August 2016-June 2017, four FISA applications were requested and approved, launching the Russia collusion hoax that attacked Trump for years. Former FBI attorney Kevin Clinesmith later pleaded guilty to lying on one of the FISA applications, a serious violation that carries a maximum five years in prison. As “luck” would have it, Boasberg was also the judge in Clinesmith’s case, and he served no prison time. 

Boasberg has handled dozens of Jan. 6 cases and has sent many Trump supporters who were at the Capitol that day to prison, a harsh outcome compared to his Tren De Aragua gang ruling. ...

https://thefederalist.com/2025/03/17/protecting-terrorists-is-just-the-latest-of-judge-boasbergs-partisan-activism/

[Kamaji]

Protecting Terrorists Is Just The Latest Of Judge Boasberg’s Partisan Activism
An activist judge in Washington, D.C. tried to prevent Trump from deporting designated terrorists from U.S.
By: Beth Brelje
March 17, 2025 https://thefederalist.com/2025/03/17/protecting-terrorists-is-just-the-latest-of-judge-boasbergs-partisan-activism/

If everyone agrees they should be deported, then why not deport them in the normal way instead of trying to twist the AEA into pretzel bits?

[libertybele]

If everyone agrees they should be deported, then why not deport them in the normal way instead of trying to twist the AEA into pretzel bits?

Normal way??  What would that be??  Obviously deportations that accommodate and cater to the poor ILLEGALS who are raping, murdering, and torturing our citizens ISN'T WORKING!!

For crying out loud.  Our country has been invaded by ILLEGALS, our citizens are being attacked and murdered by them and people are worried about HOW they are being deported?   

[verga]

Looks like those planes did not turn around.  What you gonna do now Judgie?

I think he should jump on as plane and try and bring them home, all by his lonesome.

[mystery-ak]

Finally something from SCOTUS

excerpt:

U.S. Supreme Court Chief Justice John Roberts indicated in a statement that seeking impeachment is not an appropriate response when disagreeing with a judicial decision. 

"For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose," he said in the statement.

https://www.foxnews.com/politics/trump-calls-judge-deportation-legal-battle-impeached

[mountaineer]

U.S. Supreme Court Chief Justice John Roberts indicated in a statement that seeking impeachment is not an appropriate response when disagreeing with a judicial decision.

"For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose," he said in the statement.

The impeachment bandwagon is so ... well, leftist. It's what they did to Trump, after all.

It's unfortunate to see conservatives hop aboard, as Jonathan Turley observed:

   March 16, 2025   
No, the House Should Not Impeach Judge Boasberg Over His Tren de Aragua Restraining Order

I have previously written against calls to impeach federal judges who have ruled against the Trump Administration in the issuing of temporary restraining orders (TROs) and preliminary injunctions. The latest target of such calls in the House is  District Court Judge James Boasberg, who issued a temporary restraining order against Trump’s invocation of the Alien Enemies Act.  GOP members are making a mistake in engaging in the same impeachment craze that took hold of the Democratic members in prior years (and continues this year). The way to respond to such rulings is to appeal them, not to try to remove judges (which is neither warranted nor likely).

One of the greatest abuses of the Democratic party in the past eight years has been their use of impeachment investigations and charges against their political opponents. From President Donald Trump to conservative justices, liberal members have demanded impeachments over everything from opposing the NFL kneelers to hanging revolutionary-era flags. ...

https://jonathanturley.org/2025/03/16/no-the-house-should-not-impeach-judge-boasberg-over-his-tren-de-aragua-tro/

[Free Vulcan]

You can solve a great deal of this Roberts by over ruling these judges and laying down parameters for their powers. Quit sidestepping and do your job.

[Bigun]

You can solve a great deal of this Roberts by over ruling these judges and laying down parameters for their powers. Quit sidestepping and do your job.

  

[Kamaji]

Normal way??  What would that be??  Obviously deportations that accommodate and cater to the poor ILLEGALS who are raping, murdering, and torturing our citizens ISN'T WORKING!!

For crying out loud.  Our country has been invaded by ILLEGALS, our citizens are being attacked and murdered by them and people are worried about HOW they are being deported?   

That would be using the laws Congress duly enacted to remove aliens who were present illegally. 

There’s a whole comprehensive system of immigration law.  Maybe you should try reading it sometime.


And if it’s not working as it’s supposed to, then Congress can change the law. It’s what Congress is there for. 

But no; let’s have a major temper tantrum and misuse a law that was not written for this circumstance and do it in a way that gets everything undone by the courts, so that the only lasting effect is the animus and hatred it engendered.

Wow.  Way to go Mr Trump. 

[libertybele]

President Trump is using the law as intended!!!  It's the liberal judge who is misguided.

[Kamaji]

President Trump is using the law as intended!!!  It's the liberal judge who is misguided.

Really?  So, what foreign government has declared war on the U.S. or has perpetrated an invasion or predatory incursion against US territory?

I really wish yall would learn to read statutes.  The AEA requires that a foreign government have acted before the president can use it.  So far, that hasn’t happened. 


So no - emphatically no - Trump is not using the statute as intended, or as written, and the judge is correct.

[Bigun]

Really?  So, what foreign government has declared war on the U.S. or has perpetrated an invasion or predatory incursion against US territory?

I really wish yall would learn to read statutes.  The AEA requires that a foreign government have acted before the president can use it.  So far, that hasn’t happened. 


So no - emphatically no - Trump is not using the statute as intended, or as written, and the judge is correct.

So, according to that logic, any government on earth can seek to infiltrate its trash into the United States as long as they don't declare war on us first.  I don't think so!

[mountaineer]

I read the statute. There's no prerequisite that a nation declare war on us.

[Kamaji]

I read the statute. There's no prerequisite that a nation declare war on us.

No, you didn’t read the statute.  A foreign government must EITHER declare war, or perpetrate an invasion or predatory incursion against US territory.

50 USC sec. 21.

Look it up and read it.

[bilo]

Really?  So, what foreign government has declared war on the U.S. or has perpetrated an invasion or predatory incursion against US territory?

I really wish yall would learn to read statutes.  The AEA requires that a foreign government have acted before the president can use it.  So far, that hasn’t happened. 


So no - emphatically no - Trump is not using the statute as intended, or as written, and the judge is correct.

China

[Kamaji]

China

So why is Trump blowing his wad on Venezuelan gangbangers instead of using the AEA to deport Chinese?

[mountaineer]

Chip Roy
@chiproytx
Lots of noise about impeachment. We must study every ruling & act accordingly w/ everything on the table (noting: 14 Dem votes required in Senate.). But, more fertile ground… 1) House can pass a resolution stating there is/was an invasion, 2) we can defund radical courts.
1:11 PM · Mar 18, 2025

[Kamaji]

Right back atcha.  Did you finish reading the entire statute yet?

[bilo]

Although the Alien Enemies Act has only been invoked in major conflicts, Presidents Woodrow Wilson and Harry S. Truman continued using the law after the cessation of hostilities in World Wars I and II. World War I ended in 1918, but the Wilson administration used the law to intern German and Austro-Hungarian immigrants until 1920. And World War II ended in 1945, but the Truman administration used the law for internment and deportations until 1951. In its 1948 Ludecke v. Watkins opinion, a narrow majority of the Supreme Court upheld the Truman administration’s extended reliance on the Alien Enemies Act, reasoning that it was not the judiciary’s place to second-guess the president on a matter as “political” as when a war terminates and wartime authorities expire.

https://www.brennancenter.org/our-work/research-reports/alien-enemies-act-explained

General info above, it sure looks like most of what Pres. Trump has been doing was researched and is on solid legal footing.

The country has been invaded and illegal aliens are only one component of the asymmetrical war we are in.

[bilo]

So why is Trump blowing his wad on Venezuelan gangbangers instead of using the AEA to deport Chinese?

In the field of psychology, cognitive dissonance is described as a mental phenomenon in which people unknowingly hold fundamentally conflicting cognitions.

Try to see a bigger picture.