DOJ asserts ‘court lacks jurisdiction’ after judge's temporary block on Trump's Alien Enemies Act move

 March 18, 2025

Attorney General Pam Bondi and the Department of Justice face off against a federal judge in a high-stakes legal battle over President Trump's deportation powers.

According to Breitbart News, the Department of Justice has challenged U.S. District Judge James Boasberg's authority to block President Trump's use of the Alien Enemies Act, which aimed to deport suspected members of the Venezuelan gang Tren de Aragua.

The DOJ's response comes after Judge Boasberg ordered a halt to the deportations following a joint lawsuit filed by the American Civil Liberties Union and Democracy Forward. The lawsuit represents five Venezuelan migrants and contests the administration's authority to enforce these deportations under the 1798 law.

Legal battle intensifies over presidential authority

Attorney General Bondi submitted a legal filing requesting the court to vacate the hearing, arguing that the proceedings interfere with presidential powers regarding national security and foreign affairs. The DOJ emphasized their compliance with the temporary restraining order issued on March 15, confirming that none of the five plaintiffs were removed from the country.

The Trump administration had initially prepared to deport approximately 300 illegal alien gang members associated with Tren de Aragua and MS-13, both designated as terrorist organizations. The deportation flights were destined for El Salvador before legal intervention halted the process.

In response to the restraining order, Attorney General Bondi issued a strongly worded statement addressing Judge Boasberg's decision. She stated:

This order disregards well-established authority regarding President Trump's power, and it puts the public and law enforcement at risk. The Department of Justice is undeterred in its efforts to work with the White House, the Department of Homeland Security, and all of our partners to stop this invasion and Make America Safe Again.

Constitutional questions emerge over executive powers

The DOJ's legal argument centers on the fundamental nature of presidential authority in matters of national security. They cite the Supreme Court case Ludecke v. Watkins to support their position that courts should not interfere with presidential discretion in removing enemy aliens.

The administration's invocation of the 1798 Alien Enemies Act represents a significant expansion of executive deportation powers. This centuries-old legislation provides the president with broad authority to expedite the removal of migrants suspected of gang affiliations.

Legal experts are closely monitoring the case as it raises important questions about the separation of powers and judicial oversight of executive actions in immigration matters.

Impact on national security measures

The temporary restraining order has effectively paused a major component of President Trump's immigration enforcement strategy. The administration argues this judicial intervention hampers their ability to address national security threats posed by international criminal organizations.

Law enforcement agencies have expressed concerns about the growing presence of Tren de Aragua members within U.S. borders. The Venezuelan gang has been linked to various criminal activities, prompting increased scrutiny from federal authorities.

The DOJ maintains that executive branch authority in matters of national security should remain paramount, especially when dealing with designated terrorist organizations.

Current status of legal proceedings

Department of Justice officials await further court decisions while maintaining their position that the judiciary lacks jurisdiction in this matter. The temporary restraining order remains in effect, preventing the deportation of the five plaintiffs named in the ACLU lawsuit. The situation has created tension between the executive and judicial branches, highlighting the complex relationship between presidential powers and judicial oversight. The case continues to evolve as both sides prepare for additional legal proceedings.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.
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