A federal judge will determine from government lawyers on Thursday whether the Trump administration ignored court orders when it deported hundreds of migrants to El Salvador last month.
The hearing marks the latest clash between President Donald Trump and US District Judge James Boasberg. The question was whether the administration intentionally violated Boasberg’s emergency order, which temporarily blocked deportation and called for individuals removed under centuries-old immigration law to be returned to US soil “quickly” back. The flight carrying immigrants, including those deported under the Alien Enemy Act of 1798, still landed in El Salvador that night.
“ooopsie…” El Salvador President Naive Bukere wrote to X after they landed in his country. “too late.”
Boasberg, who issued an emergency order at the heart of a controversial and complex case, said he intends to find out whether the administration intentionally violated it and whether anyone should be held responsible.
“Sorryly insufficient”: US judge reems Trump administrators for day deportation information
President Donald Trump speaks before signing the executive order in his oval office on March 31, 2025 (Andrew Harnik/Getty Images)
“The government is not approaching,” Boasberg told a Justice Department lawyer Drew Ensign to Drew during an earlier hearing. “But I’ll get to the bottom of whether they complied with my order, who violated it, and what the outcome will be.”
At Thursday’s hearing, Boasberg is expected to revisit many of the same questions he raised previously. Other questions include how many individuals were on each plane, which time and where each plane took off.
The administration has already appealed the case twice, first upholding Boasberg’s order and then to the Supreme Court, but the judge still seeks answers. Thursday’s hearing is part of his efforts to determine whether the government rebelled against the court when it carried out deportation flights.
Court of Appeals filed immigration lawsuit blocking Trump administrator’s deportation flights on alien enemies
Trump and Boasberg (Getty Images)
The alien enemy law passed in 1798 was used only three times in American history during the wars of 1812 and two world wars.
Trump officials argued that laws should be called to expel dangerous individuals, including suspects of the Tren de Aragua gang, who were transported to El Salvador under the administration’s new deportation policy.
Meanwhile, the plaintiffs pushed back the administration’s use of the Act of 1798, calling it “unprecedented” during peacetime.
A simple matter, filed earlier this week with the Supreme Court, the plaintiffs argued that the law only allows immediate deportation in the event of a “declared war” or “aggression or predatory invasion.”
Government lawyers cited national security protections and refused to disclose important details about deportation flights, including whether the plane departed after Boasberg’s order.
Boasberg previously said that if he violated his order, he would control the outcome and criticize the previous submission as “severely insufficient,” the government rejected an offer to submit information under seal.
Court of Appeals filed immigration lawsuit blocking Trump administrator’s deportation flights on alien enemies
Judge James Boasberg (Carolyn Van Houten/Washington Post by Getty Images)
The case has become a point of political conflict over the balance of power between courts and administrative agencies. Trump’s allies dismiss much of their judicial involvement as the work of “activist” judges who are trying to restrain the president and overestimate their constitutional role.
Trump’s demand for a perpetrator on Boasberg prompted a rare public responsibilities from Supreme Court Chief Justice John Roberts.
“For over two centuries, it has been established that each is not an appropriate response to differences in opinion over judicial decisions,” Roberts said in a statement. “There is a normal appeal review process for that purpose.”
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The White House continues to criticize lower courts, with press secretary Caroline Leavbit accusing judges of crossing their boundaries and violating the president’s authority.
“The administration will move quickly, pursue Supreme Court review, defend the Constitution and protect the American people,” Leavitt said in a statement.
Breanne Deppisch is a national political reporter for Fox News Digital, covering the Trump administration, focusing on the Department of Justice, the FBI and other national news.
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