Trump Defies Federal Courts to Deport Suspected Gang Members Under Rare 1798 Law

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  • Source: Wayne Dupree
  • 03/18/2025

President Trump exercised his broad national security powers this week, making a bold move to deport suspected gang members, despite opposition from federal courts and immigration activists. Over the weekend, his administration sent nearly 250 individuals, allegedly tied to Venezuela’s notorious Tren de Aragua gang, to El Salvador. This decision drew immediate backlash, including from Judge James Boasberg, who ordered planes to turn around. However, the administration proceeded, asserting its authority under the Alien Enemies Act of 1798 and the president’s powers as commander-in-chief.

The Justice Department emphasized the seriousness of the situation, with Deputy Assistant Attorney General Drew Ensign urging a federal appeals court to intervene. He accused Judge Boasberg of compromising national security, allowing class-action lawsuits by alleged gang members, and risking sensitive operational details. Ensign argued for immediate relief, describing the district court’s actions as a threat to public safety.

This legal battle underscores Trump’s commitment to his second-term priorities, including combating illegal immigration and addressing what he calls an “invasion” that has fueled border crises and gang activity. During Monday’s hearing, Judge Boasberg grilled government lawyers, pressing them about the timing of the deportations and whether they defied his verbal instructions. Planes had allegedly departed during the hearing, leaving the court questioning whether the administration had acted in defiance of judicial orders.

The controversy highlights the clashing perspectives on immigration policy. The White House has framed this move as a necessary step to safeguard American communities. Vice President J.D. Vance defended the president, stating, “There were violent criminals and rapists in our country. Democrats fought to keep them here. President Trump deported them.” Similarly, Tom Homan, Trump’s trusted border czar, touted the deportations as a victory for public safety, noting the removal of 238 Tren de Aragua members and 21 MS-13 gang members. “With every criminal illegal alien deported, neighborhoods become safer,” said Homan.

On the other hand, Democrats in Congress accused the president of overreach and violating due process rights. Senators Richard J. Durbin, Alex Padilla, Cory A. Booker, and Peter Welch issued a joint statement calling Trump’s reliance on the Alien Enemies Act "an unlawful power grab.” They argued that the U.S. isn’t at war, and immigrants aren’t invaders, making the law’s application unjustified. Critics fear the administration’s approach could lead to wrongful deportations, including U.S. citizens or otherwise innocent individuals.

El Salvador's president, Nayib Bukele, who took in the deportees under a controversial agreement, dismissed the backlash. "Oopsie… Too late," Bukele quipped on social media, adding a laughing emoji. He shared footage of the deportees being processed, shaved, and shackled at his Terrorism Confinement Center, where the U.S. is reportedly paying $20,000 annually per inmate. Bukele claimed this arrangement benefits both nations, enabling his government to combat gang networks while relieving the U.S. of dangerous criminals.

This isn’t the first time Trump administration deportations have faced legal roadblocks. In 2018, Judge Emmet G. Sullivan ordered the return of a deportation flight to El Salvador, though the plane ultimately carried plaintiffs back to the U.S. after his intervention. Such incidents reveal the escalating tensions between the executive branch and federal judges over immigration enforcement.

Adding to the administration’s legal challenges, a Lebanese doctor, Dr. Rasha Alawieh, was deported last week after border officials found Hezbollah-related images on her phone. Alawieh, a long-time H-1B visa holder and Brown University professor, was removed from the U.S. despite a judge’s order to halt her ejection. Customs and Border Protection defended its actions, citing national security concerns and suggesting that her intentions in the U.S. were unclear.

Critics, however, view this as another example of the Trump administration’s hardline immigration stance colliding with constitutional protections. Judge Boasberg demanded detailed answers about the flights involving the Tren de Aragua deportees, including whether the administration would disclose classified information under seal if necessary. With a deadline of noon Tuesday, these developments set the stage for an intensifying legal showdown.

 

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