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Boasberg Threatens DOJ Over Deportations of Illegal Alien Enemies

A federal judge who once compared the Trump administration’s actions to a Franz Kafka novel is about to step back into the ring. This Thursday, a hearing in his Washington, D.C. courtroom will revive one of the most explosive legal and constitutional battles of the President’s second term.

The case, which centers on the deportation of hundreds of Venezuelan nationals, is more than a fight over immigration policy.

It has become a raw power struggle between a defiant judge and a determined White House, pitting the authority of the judiciary directly against the power of the President. The very legitimacy of court orders is now on trial.

A Wartime Law for a Modern Border Crisis

The conflict began on March 15, when the Trump administration invoked the Alien Enemies Act of 1798 to summarily deport hundreds of Venezuelans.

This obscure, 227-year-old law was passed during a quasi-war with France, giving the President sweeping authority to detain and deport male citizens of a hostile nation during wartime. The administration’s novel use of this statute to deport citizens of Venezuela – a country with which the U.S. is not at war – to a maximum-security prison in El Salvador was immediately challenged in court.

The first judge to hear the case was U.S. District Judge James Boasberg.

Judge James E. Boasberg at E. Barrett Prettyman Federal Courthouse

The Order Ignored, The Judge Enraged

In an emergency late-night hearing, Judge Boasberg issued a temporary restraining order to block the deportations. Crucially, he ordered the planes, some of which were already in the air, to be “immediately” returned to U.S. soil.

The administration defied that direct order. The planes did not turn around.

This act of defiance enraged the judge. In a subsequent hearing, Boasberg declared that there was “probable cause” to hold the administration in criminal contempt for its “willful disregard” of a binding court order.

“This is a direct confrontation over the rule of law. When a federal court issues a direct order to the executive branch, is it a binding command or merely a suggestion?”

Judicial Review on Trial

This case has escalated into a fundamental test of the separation of powers. A judge’s power to review and, if necessary, halt an executive action is a cornerstone of American democracy, established in the landmark case Marbury v. Madison.

The Trump administration has repeatedly attacked Judge Boasberg as an “activist judge.” The President himself has floated the idea of impeaching him for his rulings. The attacks became so pointed that they prompted a rare public warning from Supreme Court Chief Justice John Roberts, who defended the integrity of the federal judiciary.

President Donald Trump and Attorney General Pam Bondi

The administration’s defiance of the return order is seen by critics as a direct assault on the judiciary’s co-equal status. If the executive branch can simply ignore court orders it dislikes, the entire system of checks and balances begins to crumble.

New Evidence, New Fight

While the D.C. Circuit Court of Appeals has put Judge Boasberg’s original order on hold pending review, Thursday’s hearing is set to add new fuel to the fire.

The judge is expected to consider motions to reopen the case based on new evidence. This includes a recent United Nations report stating the U.S. holds sole legal custody over the migrants sent to the Salvadoran prison, and a whistleblower report from Erez Reuveni, a DOJ attorney who worked on the case before he was recently fired.

“The hearing this week is not just a procedural step. It is a potential turning point, fueled by new allegations that could reignite this smoldering constitutional fire.”

The Trial of the System Itself

This case, which began with one judge’s observation that the government’s actions were like something out of a Kafka novel, has become a trial of the legal system itself.

It is testing the power of a single district judge to check the actions of the President, the willingness of the executive branch to abide by court orders, and the ability of our constitutional system to function under extreme political pressure.

The fight in Judge Boasberg’s courtroom is about much more than a group of migrants; it’s about the resilience of American law in the face of an unprecedented challenge.