Trump Administration Appeals Supreme Court on Deportation Order for Alleged Gang Members

The Trump administration is actively requesting the U.S. Supreme Court to overturn a temporary restraining order imposed by U.S. District Judge James Boasberg, which currently halts the deportation of individuals linked to the Tren de Aragua gang under the Alien Enemies Act.

Emergency Application Filed

In an emergency application, Acting Solicitor General Sarah Harris emphasized the need for the Supreme Court’s intervention, stating, “Only this Court can stop rule-by-TRO from further upending the separation of powers — the sooner, the better.” This legal maneuver follows a recent 2-1 decision from the D.C. Circuit Court of Appeals, which upheld Boasberg’s order and reinforced his authority over the case.

Concerns Over National Security and Executive Power

Harris articulated concerns in regard to the effects of the district court’s actions on presidential decision-making related to national security. She noted that the court’s decisions could jeopardize responses to foreign terrorist organizations and affect sensitive foreign negotiations. Harris remarked, “More broadly, rule-by-TRO has become so commonplace among district courts that the Executive Branch’s basic functions are in peril.”

Background on the Alien Enemies Act Usage

The D.C. Circuit recently heard arguments about the use of the Alien Enemies Act to facilitate the deportation of over 200 alleged gang members to El Salvador without the guarantee of due process. The Trump administration, in its defense, asserted that Tren de Aragua represents a hybrid criminal state posing a substantial threat to U.S. security.

Judicial Intervention and Its Implications

Judge Boasberg’s decision to block the deportations characterized the removals as “awfully frightening” and “incredibly troublesome.” He ordered the cessation of two flights carrying alleged gang members, although authorities indicated the flights could not be recalled as they had already reached international waters.

Federal Acknowledgment of Risk

An official from the U.S. Immigration and Customs Enforcement (ICE) provided a sworn statement revealing that many of the individuals slated for deportation did not have criminal records in the U.S. Nevertheless, they asserted that the ambiguity surrounding each individual’s background amplifies the potential risks, suggesting that “they are terrorists with regard to whom we lack a complete profile.”

Conclusion

The situation reflects ongoing tensions between the judicial and executive branches concerning immigration policy and national security, raising critical questions about the balance of powers in addressing such pressing issues.