The Department of Justice (DOJ) has pushed back against U.S. District Judge James Boasberg’s attempt to block President Donald Trump’s use of the Alien Enemies Act to deport suspected gang members, arguing that the court lacks the jurisdiction to interfere with executive authority on national security matters.
In a legal filing, Attorney General Pam Bondi urged the court to “vacate the hearing and de-escalate the grave incursions on Executive Branch authority that have already arisen.” However, Boasberg denied the administration’s motion to cancel the hearing, further escalating tensions between the judiciary and the Trump administration.
As if this couldn’t get more insane, Boasberg is explicitly claiming he has authority to direct military movements overseas. We are completely through the looking glass now. https://t.co/Ly9ubLSX7H
— Sean Davis (@seanmdav) March 17, 2025
“Plaintiffs cannot use these proceedings to interfere with the President’s national-security and foreign-affairs authority, and the Court lacks the jurisdiction to do so,” the DOJ wrote in its filing. The department emphasized that the administration had fully complied with the court’s temporary restraining order (TRO) issued on March 15 and had not deported any of the five plaintiffs named in the lawsuit.
Boasberg’s ruling came after the American Civil Liberties Union (ACLU) and Democracy Forward filed a joint lawsuit on behalf of five Venezuelan migrants. The lawsuit was filed just as the Trump administration had placed nearly 300 illegal alien gang members—affiliated with Tren de Aragua (TdA) and MS-13, both designated terrorist organizations—onto deportation flights to El Salvador.
Dear Judge Boasberg:
You can receive classified information on a need-to-know basis.
If the President doesn’t think you need to know the classified information, you don’t get to receive it.
Period. https://t.co/ItTdUJL5DG
— 🇺🇸 Mike Davis 🇺🇸 (@mrddmia) March 17, 2025
Trump invoked the Alien Enemies Act of 1798 to expedite the removal of these individuals, a move his administration argues is fully within his constitutional authority. The law, which allows the president to remove nationals of enemy nations during times of conflict, has been used in the past during the War of 1812, World War I, and World War II.
Despite the DOJ’s position that the judiciary has no authority to override a presidential proclamation under this law, Boasberg’s decision effectively halted the deportations. Bondi responded sharply, accusing the judge of prioritizing the interests of criminal organizations over American security.
Stephen Miller has spent the last 4 years researching exactly how this would go down…
He’s been sitting at his desk, reading 18th century laws and forgotten Supreme Court cases until 2am under the light of a lone burning candle.
CNN anchors are not prepared for this. https://t.co/ah0B8nciPC
— Geiger Capital (@Geiger_Capital) March 17, 2025
“This order disregards well-established authority regarding President Trump’s power, and it puts the public and law enforcement at risk,” Bondi said in a statement. “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.”
The legal battle is expected to escalate quickly, with the Trump administration likely to challenge the ruling at higher courts. Given the national security implications, the case may ultimately reach the Supreme Court, where the administration will argue that judicial overreach is undermining the president’s ability to enforce immigration laws.
“You can’t detain a Venezuelan without due process”
“Hamdi v Rumsfeld, 2004”
“Yeah, but you can’t use the military against people on American soil, that’s crazy”
“As former CIA Director John Brennan testified, there is no geographic limitation on the President’s use of… pic.twitter.com/C6UYKDz3aN
— Second City Bureaucrat (@CityBureaucrat) March 17, 2025
