After federal Judge James Boasberg demanded a hearing Monday over whether the Trump administration ignored his court order when it deported 250 migrants Saturday, the Trump Justice Department asked a higher court to dismiss Boasberg from the case entirely — as the White House takes on the federal judiciary.
Judges Beryl A. Howell (L) and James E. Boasberg, who took over for Howell as chief judge of the ... [+]
Boasberg, who on Saturday night blocked Trump from deporting migrants under the Alien Enemies Act of 1798, scheduled a hearing for 5 p.m. EDT over allegations the administration may have ignored his order and proceeded with the deportation of 260 individuals allegedly tied to the Venezuelan Tren de Aragua gang.
Shortly before the hearing was set to take place, the Justice Department asked a D.C. appeals court to remove Boasberg from the case, citing “highly unusual and improper procedures” in a letter to the court that also expressed concerns the hearing could “force the government to disclose sensitive national security and operational security concerns.”
The Trump administration said Sunday it had deported more than 260 people Saturday, though it is unclear whether the planes carrying them departed the U.S. and landed in El Salvador before or after Boasberg’s order, which was delivered verbally at first, and followed by a written order less than an hour later.
The judge is expected to probe Monday where, exactly, the flights carrying the migrants were at the time of his order: the order blocking the deportations applied to flights in progress, but if the migrants had already been turned over to foreign governments when the order was issued, Boasberg would have lost jurisdiction, he suggested previously.
Earlier Monday, Boasberg denied the Trump administration’s request to cancel the hearing.
White House press secretary Karoline Leavitt said Monday “all of the planes subject to the written order of this judge departed U.S. soil” at the time of the order. Justice Department lawyers argued in the hearing Monday that Boasberg said in his verbal order that planes carrying deported migrants needed to be turned around, but the written order did not include the directive, according to The Guardian. Boasberg reportedly called the argument “one heck of a stretch.”
Boasberg blocked the Trump administration on Saturday from deporting any migrants under the Alien Enemies Act of 1798 invoked by Trump in an executive order and quickly challenged in court. Boasberg’s order applied to migrants unless they had been otherwise “subject to removal” for at least 14 days. The White House has suggested the judge had no authority to issue the order in the first place and has said deportations would continue.
Did Trump Administration Ignore A Court Order? Judge Demands Trump Officials Explain (Forbes)