DOJ Claps Back After Judge Tries to Shield Criminal Illegals [WATCH]

The U.S. Court of Appeals for the D.C. Circuit is set to hear oral arguments Monday over whether a lower court can block the Trump administration’s use of a centuries-old wartime statute to deport Venezuelan nationals, including suspected gang members.

The case stems from a legal effort by the Trump administration to invoke the Alien Enemies Act of 1798, a wartime provision, to deport Venezuelan nationals for a 14-day period.

The administration cited national security concerns and claimed that some of the individuals targeted for removal were affiliated with Tren de Aragua (TdA), a transnational criminal gang.

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On March 15, District Judge James Boasberg, who was appointed by President Barack Obama, issued an order halting the deportations.

In response, the administration quickly requested a stay pending appeal, describing the order as a “massive, unauthorized imposition on the Executive’s authority to remove dangerous aliens who pose threats to the American people.”

Despite the order, a flight carrying hundreds of U.S. deportees — including Venezuelans removed under the 1798 law — reportedly landed in El Salvador just hours later.

Boasberg convened a fact-finding hearing on the evening of March 18 and demanded more information from the administration.

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He instructed government officials to clarify whether individuals were deported “solely on the basis” of the proclamation.

He also requested specifics regarding the number of individuals on each flight, the planes’ points of departure and destinations, and the exact departure times.

The judge set a Tuesday noon deadline for the Trump administration to submit the requested details and scheduled a follow-up hearing for Friday.

However, the administration did not meet the court’s deadline.

Stephen Miller on CNN talking about the Alien Enemies Act of 1798.

Absolute must-see TV.pic.twitter.com/aDd2jPvkfq

— Geiger Capital (@Geiger_Capital) March 17, 2025

In a brief filed with the D.C. Circuit on March 20, the government stated that “the district court is continuing to attempt to pry sensitive information from the Government.

All of the district court’s orders should be stayed, and the Executive Branch’s standing as a coequal branch of Government should be respected.”

Officials argued that Boasberg’s demands amounted to “intrusive inquiries that could hamper negotiations in the future.”

Citing national security concerns, the administration said it could not fully comply with the court’s information request.

Boasberg later allowed for the information to be submitted under seal by Thursday.

On Thursday evening, Boasberg issued another order criticizing the administration for failing to meet the revised deadline.

He stated the government had “again evaded its obligations” and labeled its response as “woefully insufficient.”

Instead of the detailed documentation Boasberg had ordered, the court received a six-paragraph declaration from a regional director of Immigration and Customs Enforcement in Harlingen, Texas.

The statement informed the court that Cabinet secretaries were “actively considering whether to invoke the state secrets [act] privileges over the other facts requested by the Court’s order.”

The dispute over the deportations is now in the hands of a three-judge panel. Judge Karen Henderson, appointed by President George H.W. Bush in 1990, and Judge Justin Walker, appointed by President Donald Trump in 2020, will hear the case alongside Judge Patricia Millett, who was nominated by President Obama in 2013.

The upcoming hearing could determine the extent to which the Executive Branch can rely on historical wartime powers to conduct deportations amid ongoing national security concerns.

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