Judge James Boasberg demanded answers about deportation flights amid a legal battle over President Trump’s use of the Alien Enemies Act to expel criminal migrants.
By yourNEWS Media Newsroom
U.S. District Judge James Boasberg held an emergency hearing Monday demanding detailed information from the Department of Justice (DOJ) about recent deportation flights, following his order halting removals of suspected members of the Tren de Aragua gang under President Donald Trump’s directive. The hearing was convened after DOJ attorneys revealed that two planes carrying criminal migrants had already departed U.S. airspace before Boasberg’s order was issued in writing.
Boasberg had issued a temporary restraining order on Saturday barring the deportations under the 1789 Alien Enemies Act. However, DOJ lawyers informed the court that two planes—one bound for Honduras and the other for El Salvador—had already taken off when Boasberg’s ruling came down. The judge verbally ordered the planes turned around, but this was not included in his official written order.
During Monday’s hearing, Boasberg confronted DOJ attorneys, demanding clarity on whether any other deportation flights had occurred after his order. When DOJ refused to provide additional details, citing national security concerns, Boasberg pressed them further. “You’re saying it’s classified? I can receive classified information. Or there is some other basis? Why are you showing up today without answers?” he asked, according to Julie Kelly’s documentation of the proceedings on X.
Judge Boasberg further questioned DOJ’s position, stating, “I’m just asking how you think my equitable powers do not attach to a plane that has departed the U.S., even if it’s in international airspace.” He proceeded to issue a list of demands for the DOJ to answer, including:
- The total number of planes that departed Saturday under the presidential proclamation.
- Passenger counts on each flight.
- The countries in which the planes landed.
- Departure and arrival times.
- Duration of airspace transit.
- When the deported individuals were transferred into foreign custody.
Three flights are at issue, according to Kelly. Two departed before Boasberg’s written order, which DOJ asserts did not carry individuals subject to the Alien Enemies Act. A third flight may have taken off after Boasberg’s order was posted at approximately 7:30 p.m. Saturday. The ACLU, involved in challenging the deportations, is requesting a sworn declaration that the third flight did not include migrants covered by Trump’s order. Boasberg indicated he would compel the DOJ to submit such a declaration.
Judge Boasberg also criticized the Trump administration for allowing any deportation flights to proceed on Saturday, asserting that officials should have delayed the President’s directive because a court hearing was scheduled for 5 p.m. that day. “He’s arguing that the Trump administration should not have executed the President’s lawful order because he (Boasberg) was going to hold a hearing, and maybe stop the government from deporting the immigrants under the Alien Enemies Act,” Kelly commented.
Describing the hearing as a power struggle, Kelly remarked, “This is batshit crazy,” and questioned whether Boasberg had any prior communication with the ACLU before the lawsuit was filed Saturday morning.
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