Timesdo | Washington, USA – Amid an escalating clash between the judiciary and former President Donald Trump, a panel of federal judges appeared divided as they considered whether to resume the deportations of Venezuelan migrants to El Salvador under a controversial 1798 law, unused in modern times.
Former President Trump invoked the long-dormant «Alien Enemies Act», originally enacted in the 18th century, to justify the mass transfer of Venezuelan migrants to El Salvador’s Terrorism Confinement Center in Tecoluca, arguing that some belong to the Tren de Aragua gang, which he labeled an international threat.
Judge Patricia Millett, a member of the D.C. Circuit Court of Appeals, called the statute’s application “unprecedented,” stating that even detainees during World War II received better legal protections than the Venezuelans deported without court hearings.
«We strongly dispute the Nazi comparison,» responded Justice Department attorney Drew Ensign during Monday’s tense hearing, which centered on whether to overturn Judge James Boasberg’s March 15 ruling that temporarily blocked the deportations and ordered the return of planeloads of migrants. So far, that order has not been followed.
The measure has unleashed a political and legal firestorm. Boasberg argued that migrants must be given a chance to challenge their alleged gang affiliations, and that the government cannot carry out mass expulsions without individual due process. The judge emphasized that protecting against wrongful deportation is in the public’s best interest.
The administration, on the other hand, claims the deportations are a matter of national security, insisting that judicial interference constitutes an “unprecedented intrusion” into executive powers. Trump has doubled down on social media, attacking Boasberg and even calling for his removal.
Judge Justin Walker, a Trump appointee, appeared more sympathetic to the government’s stance, questioning whether the ACLU’s lawsuit should have been filed in Texas, where the migrants were originally detained. His colleague, Judge Karen Henderson, appointed by George H.W. Bush, remained silent during the two-hour hearing.
«All of this has been done in secrecy, with no opportunity for judicial review beforehand,» warned ACLU attorney Lee Gelernt, who argued that the deportation flights were carried out without time or means to challenge each case individually.
The Justice Department contends that Boasberg’s oral order was not legally binding until it was issued in writing and claims that by then, the flights had already left U.S. soil.
The controversy has reached the Supreme Court, where Chief Justice John Roberts rejected calls to impeach Boasberg, stating that disagreement with judicial decisions does not justify disciplinary action.
With no ruling yet from the panel, the case continues to escalate as a symbol of the conflict between the judiciary and an administration invoking historic laws for modern enforcement, while hundreds of Venezuelans remain abroad with no opportunity to defend themselves.