Trump Admin Rejects Judge’s Attempt To Reverse Deportation

The Trump administration has formally appealed a federal judge’s controversial order to return a deported MS-13 affiliate to the United States, challenging what it calls an unprecedented judicial overreach into executive deportation powers.

Key Takeaways

The Department of Justice filed an emergency stay against Judge Paula Xinis’s order to return MS-13 member Kilmar Abrego Garcia to the US after his deportation.
The Trump administration invoked the Alien Enemies Act of 1798 to deport Venezuelan immigrants designated as gang members, labeling groups like Tren de Aragua as an invading force.
Federal Judge Jeb Boasberg has ordered the administration to explain its apparent non-compliance with a court order halting deportations.
The DOJ argues these judicial orders represent an unconstitutional encroachment on executive authority over national security and foreign policy matters.
The legal clash has escalated to calls for judicial impeachment, which Supreme Court Chief Justice John Roberts has rejected as inappropriate.

Unprecedented Judicial Order Challenged

The Justice Department has taken decisive action by filing for an emergency stay against Judge Paula Xinis’s order mandating the return of Kilmar Abrego Garcia, an MS-13 gang affiliate who was already deported. In its filing, the DOJ emphasized the extraordinary nature of the judge’s demand, comparing it to ordering international military operations or negotiating hostage releases – actions well beyond typical judicial authority. The administration contends that forcing the government to retrieve a deported violent gang member directly contradicts public safety interests and executive deportation powers.

White House spokeswoman Karoline Leavitt highlighted the practical and jurisdictional absurdity of the judge’s order in a pointed statement about the case. “We suggest the Judge contact [El Salvador’s] President [Nayib] Bukele because we are unaware of the judge having jurisdiction or authority over the country of El Salvador,” Leavitt said, underscoring the administration’s position that federal judges lack authority to dictate foreign affairs or compel sovereign nations to surrender individuals in their custody.

A legal showdown between Judge Boasberg and the Trump administration has escalated after the deportation of more than 200 Venezuelans, including alleged gang members, despite a court order. @MacFarlaneNews reports on the high-stakes fight over executive power and the rule of law. pic.twitter.com/iCRRYXLydE

— CBS Evening News (@CBSEveningNews) March 21, 2025

Broader Deportation Conflict Intensifies

This case represents just one battle in a larger legal war over the Trump administration’s aggressive deportation policies. U.S. District Judge Jeb Boasberg has ordered the administration to explain its apparent non-compliance with his directive to halt deportation flights to El Salvador. The conflict deepened when El Salvador’s president announced deportees had already arrived in the country, seemingly contradicting the judge’s order to reverse course on flights already in progress. The administration maintains that some flights departed before the judicial order was issued.

The Justice Department’s filings describe the judge’s questions as “grave encroachments on core aspects of absolute and unreviewable Executive Branch authority relating to national security, foreign relations, and foreign policy.”

At the heart of this conflict is the administration’s invocation of the Alien Enemies Act of 1798, a rarely used wartime law last deployed during World War II. The Trump team has designated certain Venezuelan immigrants as members of Tren de Aragua gang, classifying them as part of an “invading force” and thus subject to expedited deportation without typical court hearings. Judge Boasberg ruled that immigrants must have opportunities to challenge their gang designations before deportation – a requirement the administration views as undermining executive authority.

Constitutional Separation of Powers at Stake

The escalating tension between the judiciary and executive branches has raised fundamental constitutional questions about separation of powers. The U.S. Court of Appeals for the District of Columbia Circuit upheld Judge Boasberg’s March 15 order blocking deportations under the Alien Enemies Act. In the 2-1 decision, Judge Patricia Millett emphasized the need to resolve “weighty and unprecedented legal issues” before allowing deportations to proceed, while dissenting Judge Justin Walker warned of potential harm to national security negotiations.

“Impeachment is not an appropriate response to disagreement concerning a judicial decision,” Supreme Court Chief Justice John Roberts said.

The administration has invoked “state secrets privilege” to withhold certain information from Judge Boasberg, arguing his demand for specific flight details and deportee information constitutes “unnecessary judicial fishing.” Despite Supreme Court Chief Justice John Roberts’ statement rejecting judicial impeachment as an appropriate response to legal disagreements, President Trump and his allies have continued to criticize what they view as judicial activism interfering with executive immigration enforcement priorities designed to protect American communities from criminal aliens.