Trump Administration Upholds Stance on Deportation Flights
Background on the Court Dispute
The Trump administration remains firm in its position regarding a federal court’s recent directive to halt deportation flights. In a court filing submitted late Tuesday, attorneys representing the administration contended that the oral order issued by U.S. District Judge James Boasberg to turn around two flights en route to El Salvador was not a legally binding command.
Details of the Legal Arguments
The Department of Justice (DOJ) reiterated in a 14-page document that the directive was “not enforceable as an injunction.” The judge’s order had come after the invocation of the Alien Enemies Act, which allowed the government to deport over 200 individuals identified as alleged Venezuelan gang members without providing due process. Despite the court’s directive, the flights did not return, leading to the admission that many detainees lacked criminal records in the United States.
Government’s Justification
Deputy Assistant Attorney General Drew Ensign articulated that any order that restrained the use of the Proclamation could not have compelled the President to return individuals categorized as foreign terrorists. Ensign stated, “Any governmental refusal to do so was thus not a violation of the Court’s orders.”
Challenge to Judge’s Authority
In the filing, the DOJ did not assert that the Trump administration complied with the judge’s oral command, but rather attacked the validity of the order itself. Ensign emphasized that an oral directive should not be viewed as legally binding, citing well-established legal precedents that reinforce the need for written injunctions. He noted, “It is well-settled that an oral directive is not enforceable as an injunction.”
Critical Timing and Context
The judge’s written order, issued later that same evening, did not mention the return of the flights. This omission led the DOJ to argue that the administration could have interpreted the judge’s lack of reference as a change in his position. The DOJ claimed that the flights were outside of U.S. airspace by the time the written order was entered, which they argue further limits the judge’s ability to mandate actions concerning the flights.
Appeal Process
A federal appeals court convened on Monday to hear arguments from the Trump administration, which seeks to overturn Judge Boasberg’s ruling regarding the deportation authority granted under the Alien Enemies Act. As of now, the appeals court has not issued a ruling on the matter.