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Thursday March 20, 2025

Justice Department moves to oust judge amid deportation controversy

Request to remove Judge James Boasberg came just before hearing in his Washington courtroom began

By Reuters
March 18, 2025
Salvadoran police officers escort alleged members of the Venezuelan gang Tren de Aragua recently deported by the US government to be imprisoned in the Terrorism Confinement Center (CECOT) prison, as part of an agreement with the Salvadoran government, at the El Salvador International Airport in San Luis Talpa, El Salvador, in this handout image obtained March 16, 2025. — Reuters
Salvadoran police officers escort alleged members of the Venezuelan gang Tren de Aragua recently deported by the US government to be imprisoned in the Terrorism Confinement Center (CECOT) prison, as part of an agreement with the Salvadoran government, at the El Salvador International Airport in San Luis Talpa, El Salvador, in this handout image obtained March 16, 2025. — Reuters

The US Justice Department has requested the removal of Judge James Boasberg after he ordered the Trump administration to explain whether it defied a court order by deporting more than 200 Venezuelans, Reuters reported.

The administration claims the deportees were members of the Tren de Aragua gang and flew them to El Salvador, despite a temporary court block on using the Alien Enemies Act for deportations.

Legal experts argue that these flights represent a direct challenge to judicial independence, though the White House denies wrongdoing. 

Trump, who has expanded executive power since returning to office, has dismissed judicial oversight, asserting courts lack jurisdiction over deportations under the 18th-century act.

During a Monday hearing, Boasberg sought details on the timing of the flights. The administration argued his initial spoken directive to return the migrants was unenforceable and that written orders only applied after the planes departed.

Secretary of State Marco Rubio dismissed concerns, questioning how a judge could claim authority over "planes flying over the Gulf of America." However, legal scholars countered that government actions remain bound by US law regardless of location.

Trump’s rare use of the Alien Enemies Act — historically invoked during wartime —  has drawn criticism. Four Democratic senators denounced the move as an "unlawful power grab," warning it sets a dangerous precedent.

With a Republican-controlled Congress backing Trump, federal courts have been a key check on his authority. Advocacy groups argue the administration is increasingly resisting judicial rulings, further testing the limits of executive power.