Federal judge challenges Trump Administration's deportation of Venezuelan Tren de Aragua gang members

On Monday, Federal Judge James Boasberg, based in Washington, ordered government officials to explain whether they violated their mandate by deporting hundreds of people over the weekend.

The conflict began following a Trump administration decision to use the Alien Enemies Act of 1798, for the expulsion of 238 alleged members of the Venezuelan Tren de Aragua gang bound for El Salvador. However, on Saturday, at the request of the American Civil Liberties Union (ACLU) and other civil rights groups, Boasberg issued a temporary order blocking these deportations for two weeks.

At the emergency hearing, the judge made it clear that any ongoing flights must return to US territory. His formal injunction was entered into the court system, according to the Department of Justice.

On Sunday, the president of El Salvador, Nayib Bukele, shared on the X platform images of men disembarking from a plane in the dark, accompanied by the comment, "Oopsie… Too late."

The White House, for its part, denied that it had not complied with the Boasberg decision. In addition, the press secretary, Karoline Leavitt questioned the judge's authority to intervene through a post on her X account. "A single judge in a single city cannot direct the movements of an aircraft carrying foreign alien terrorists who were physically expelled from US soil Leavitt said.

“The Administration did not ‘refuse to comply’ with a court order. The order, which had no lawful basis, was issued after terrorist TdA aliens had already been removed from US territory. The written order and the Administration’s actions do not conflict. Moreover, as the Supreme Court has repeatedly made clear — federal courts generally have no jurisdiction over the President’s conduct of foreign affairs, his authorities under the Alien Enemies Act, and his core Article II powers to remove foreign alien terrorists from US soil and repel a declared invasion. A single judge in a single city cannot direct the movements of an aircraft carrying foreign alien terrorists who were physically expelled from US soil.”

Escalating tensions

The events have escalated tensions between Trump and the judiciary.

On Monday, Trump's border czar, Tom Homan, defended the deportations on Fox News's "Fox & Friends" program, arguing that the flights were already in international airspace when the court order was issued. "Once you're outside the border, you know, it is what it is. But they're in international waters, already on the way south, close to landing. You know what? We did what we had to do," he said.

Homan also advanced that the administration plans to continue with more daily flights, stating, "Another flight, another flight every day. We're not stopping. I don't care what the judges think."

Boasberg, for his part, responded by scheduling a hearing for 5 p.m. ET Monday, demanding precise details from the government about the flights, including whether they took off after his order or were in the air when it went into effect.

The White House's position, is clear. On Sunday it asserted that federal courts "have no jurisdiction" over presidential authority in this case.

While Congress supports Trump's policies in the majority, federal judges have been a counterweight, suspending executive actions by the Republican leader in the White House.