The Trump administration has requested a federal appeals court to remove the judge overseeing a case concerning the use of an 18th-century wartime authority to expedite deportations of undocumented immigrants. The Justice Department’s request followed accusations that the administration had disregarded a court order prohibiting the removal of over 100 individuals from the country.
In a brief filing with the U.S. Court of Appeals for the District of Columbia Circuit, the Justice Department argued that Chief U.S. District Judge James E. Boasberg exceeded his authority by instructing the administration to return detainees who were en route to Honduras and El Salvador. During a Saturday hearing, Boasberg orally ordered the Justice Department to ensure the return of these individuals to the United States. However, this directive was not explicitly stated in the written order issued later that evening.
The administration did not comply with Boasberg’s oral instruction, asserting that it fully adhered to the written order. It also requested the appeals court to remove Boasberg, arguing that forcing the government to defend its actions in an open hearing could jeopardize national security. The Justice Department emphasized that requiring officials to disclose sensitive security concerns without proper briefing was inappropriate and posed risks to government operations in foreign relations and national security.
The dispute arose from a lawsuit filed on behalf of Venezuelan individuals seeking to prevent the government from using the contested authority to deport them. Boasberg issued a temporary order preventing the administration from invoking the measure for 14 days and convened a Saturday evening hearing to address the matter.
During the hearing, Justice Department attorneys revealed that two planes carrying individuals had already departed for Honduras and El Salvador. Boasberg subsequently issued an oral directive mandating that any planes carrying affected individuals be turned around or prevented from departing. The order required immediate compliance, leaving the method of enforcement to the administration.
The judge’s written order, issued approximately 40 minutes later, did not explicitly reiterate the oral directive to return the individuals. Nevertheless, the administration allowed the planes to land, transferring custody of the individuals to foreign authorities.
On Sunday, the Justice Department stated that it would comply with the court’s directive moving forward but noted that some individuals, including alleged gang members, had already been removed before the issuance of the second order. These individuals were reportedly on flights that departed during the Saturday hearing.
On Monday, plaintiffs requested information regarding the timing of the flights, including whether they departed after the judge’s oral or written order, when they landed, and when custody of the individuals was transferred. The filing accused the administration of blatantly violating the court’s directive.
Boasberg ordered the Justice Department to respond to these inquiries that same afternoon. In response, the administration sought intervention from the appeals court, citing national security concerns and arguing that the lower court was improperly exercising jurisdiction over executive authority in immigration enforcement.
