President Trump just scored a small but significant legal win in the ongoing battle over deporting unauthorized migrants with alleged criminal ties.
A federal appeals court in Washington, D.C., has put a temporary halt to a lower court’s order that demanded the administration provide due process to nearly 140 Venezuelan migrants deported to El Salvador earlier this year, as reported by the Washington Examiner.
This administrative stay, issued by the U.S. Court of Appeals for the D.C. Circuit, blocks a ruling from U.S. District Judge James Boasberg, who insisted the government outline a plan by mid-week to let these deportees challenge their removal from American soil.
Let’s rewind to March 15, when these Venezuelan individuals, accused by the government of connections to the violent Tren de Aragua gang, were sent packing to El Salvador under the Alien Enemies Act.
Now, they’re being held in El Salvador’s infamous CECOT mega-prison—a place not exactly known for its five-star accommodations.
The D.C. Circuit’s pause isn’t a final verdict; it’s merely a breather, giving the court time to chew over the Trump administration’s appeal, with briefing set to wrap up by June 18.
Judge Boasberg had argued that the Constitution demands some form of due process, even for those with alleged criminal links, but the Justice Department fired back with a firm “not our problem.”
In their emergency motion, DOJ attorneys stated, “The separation of powers prevents this Court from ordering the Executive to retake custody from El Salvador,” calling the judge’s order an unprecedented overreach that meddles with national security and foreign affairs.
Well, isn’t that a convenient escape hatch—claiming no jurisdiction once someone’s boots are on foreign soil?
Last week, White House deputy press secretary Abigail Jackson didn’t mince words, slamming Boasberg’s ruling as a direct undermining of presidential authority.
She stated, “His current and previous attempts to prevent President Trump from deporting criminal illegal aliens poses a direct threat to the safety of the American people.”
While her point about protecting citizens resonates with many, one has to wonder if the administration’s hardline stance risks tossing out constitutional principles like yesterday’s news.
Adding another layer to this legal lasagna, the Supreme Court ruled in April that these deported individuals must be allowed to file habeas corpus petitions—but only from where they’re currently detained.
Yet, the high court sidestepped the bigger question of whether the U.S. holds “constructive custody” over deportees sent abroad under bilateral agreements, leaving that hot potato for another day.
Meanwhile, the D.C. Circuit’s temporary stay is just one skirmish in a larger war over the Trump administration’s use of the Alien Enemies Act, with another case looming later this month in the 5th Circuit in New Orleans.
