The Trump administration asked the Supreme Court on Friday to block a lower court order preventing it from deporting gang members using wartime authority.
The D.C. Circuit Court of Appeals upheld on Wednesday orders that restricted officials from removing members of the Tren de Aragua gang to El Salvador under the Alien Enemies Act.
“This case presents fundamental questions about who decides how to conduct sensitive national-security related operations in this country—the President, through Article II, or the Judiciary, through TROs,” Acting Solicitor General Sarah Harris wrote on the application. “The Constitution supplies a clear answer: the President. The republic cannot afford a different choice.”
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Judge James Boasberg issued an order March 15 blocking the administration’s use of the Alien Enemies Act for deportations, which he reaffirmed in a ruling Monday. Several planes carrying members of the gang arrived in El Salvador hours after he issued the initial order.
Boasberg’s decision is “forcing the United States to harbor individuals whom national-security officials have identified as members of a foreign terrorist organization bent upon grievously harming Americans,” the application continues.
“Those orders—which are likely to extend additional weeks—now jeopardize sensitive diplomatic negotiations and delicate national-security operations, which were designed to extirpate TdA’s presence in our country before it gains a greater foothold,” it states.
Boasberg is also hearing a lawsuit related to the Signal chat where administration officials discussed military plans for attacking the Houthis in Yemen. He ordered the Trump administration on Thursday to preserve communications made on Signal from March 11 to March 15.
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The application to reverse Boasberg’s order is the latest the Trump administration has filed asking the Supreme Court to rein in lower court decisions it argues are infringing on executive authority.
The Trump administration asked the Supreme Court on Wednesday to block an order directing the reinstatement of grants for diversity, equity and inclusion (DEI) teacher training programs. It has also asked the Supreme Court to review orders forcing the administration to reinstate thousands of fired federal workers and preventing Trump’s birthright citizenship ban from taking effect.
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First published by the Daily Caller News Foundation.
