U.S. judge requests flight information while Trump administration justifies deportations

A U.S. judge on Tuesday requested additional information from the Trump administration regarding two deportation flights that departed over the weekend, in defiance of his ruling that temporarily barred the removal of individuals from the United States under an 18th-century law.

U.S. judge requests flight information while Trump administration justifies deportations
A U.S. judge on Tuesday sought more information from the Trump administration regarding two deportation flights that took off over the weekend, despite his order temporarily halting the removal of individuals from the United States under an 18th-century law.

U.S. District Judge James Boasberg in Washington, D.C., imposed a two-week pause on deportations on Saturday after President Donald Trump invoked the Alien Enemies Act of 1798, claiming that the Venezuelan prison gang Tren de Aragua was waging irregular warfare against the United States.

The judge requested the Justice Department explain why the flights continued to land in El Salvador. This situation has raised alarms about the Republican president potentially overstepping executive authority and risking a constitutional conflict with the judiciary.

On Tuesday, Trump called for Boasberg's impeachment, which drew a response from U.S. Chief Justice John Roberts.

In response to the judge's inquiry, Justice Department attorneys indicated in court filings that the two flights had departed U.S. airspace before the judge's formal written order was issued at 7:25 p.m. EDT, asserting that the earlier verbal instructions given in court were not enforceable.

This statement led to more questions from Boasberg.

He ordered the government to provide by noon Wednesday the specific times of the planes' departures, when they exited U.S. airspace, when they landed, when individuals on board were transferred out of U.S. custody, and the number of those deported strictly under the 1798 Alien Enemies Act.

Boasberg mentioned that this information could be submitted confidentially, as the government argued that revealing precise details could jeopardize its operations.

In an earlier court filing, U.S. Immigration and Customs Enforcement official Robert Cerna noted that a third flight, which took off after Boasberg's written order was made public, only contained deportees with separate removal orders, meaning they were not solely expelled under the Alien Enemies Act.

On Monday, Venezuelan lawmaker Jorge Rodriguez condemned the U.S. deportations as barbaric and a "crime against humanity," claiming they denied individuals due process.

The Trump administration's use of the Alien Enemies Act, which historically justified the internment of Japanese, Italian, and German nationals during World War II, was aimed at expelling alleged gang members without necessary final removal orders from immigration judges.

In his ruling to stop the deportations, Boasberg stated that the Alien Enemies Act did not support Trump's claim that Tren de Aragua's presence in the U.S. amounted to an act of war.

On Tuesday, Secretary of State Marco Rubio threatened to implement additional sanctions on Venezuela if its socialist government does not accept deported citizens from the U.S.

Rubio posted on the social media platform X that unless the Venezuelan government "accepts a consistent flow of deportation flights, without further excuses or delays, the United States will impose new, severe, and escalating sanctions."

Venezuela has labeled U.S. sanctions as part of an illegitimate "economic war" meant to undermine the nation.

On Truth Social earlier on Tuesday, Trump urged for Boasberg's impeachment, referring to him as a far-left "troublemaker and agitator." The post did not specifically name Boasberg, an appointee of former Democratic President Barack Obama.

In an uncommon statement from the U.S. Supreme Court, Roberts dismissed the notion that impeachment is an appropriate reaction to disagreements with judges' decisions.

"For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision," Roberts remarked. "The normal appellate review process exists for that purpose."

An aide to Boasberg declined to comment when asked about Trump's remarks.

Boasberg, a former prosecutor who was appointed by Republican President George W. Bush to serve on a local Washington, D.C., court, was confirmed by the U.S. Senate in 2011 with a unanimous 96-0 vote. Among those who voted for confirmation was Trump's current Secretary of State, Marco Rubio.

Trump's comments marked the first instance during his second presidential term that he has advocated for a judge's impeachment. Congressional Republicans, billionaire Elon Musk, and other Trump supporters have called for the impeachment of federal judges or questioned their integrity in response to judicial decisions that have hindered the administration's actions.

Key members of the U.S. federal judiciary expressed concern last week about an increase in threats against judges and called calls to impeach judges over their rulings "concerning."

Shortly after Trump called for Boasberg's impeachment, Republican lawmaker Brandon Gill announced on X that he had introduced articles of impeachment against the judge in the Republican-controlled House of Representatives.

To remove a judge from office, the House must pass articles of impeachment with a simple majority vote, followed by a Senate vote that requires at least a two-thirds majority to convict. While Republicans control both Congressional chambers, they do not have a two-thirds majority in the Senate.

Thomas Evans for TROIB News