The Trump administration has filed an appeal seeking to overturn a federal judge’s ruling that temporarily blocked the deportation of alleged gang members under the Alien Enemies Act, a wartime authority last used during World War II.
The Department of Justice (DOJ) on Monday requested that U.S. District Judge James Boasberg, an appointee of former President Barack Obama and the chief judge of the U.S. District Court for the District of Columbia, be removed from the case. The administration contends that his order preventing the deportation of suspected members of Tren de Aragua, a transnational criminal organization, was improper and exceeded judicial authority.
Judge Boasberg issued the temporary restraining order on Saturday, shortly after President Donald Trump invoked the Alien Enemies Act to expedite the removal of suspected gang members from the U.S. The administration argues that this action falls within the president’s constitutional authority to conduct foreign policy and national security decisions.
In its filing with the U.S. Court of Appeals for the D.C. Circuit, the DOJ described the judge’s ruling as an unprecedented judicial intervention and sought an immediate stay to allow deportations to continue.
WATCH: El Salvador President Nayib Bukele confirmed the arrival of 238 Tren de Aragua members and 23 MS-13 gang members
“The district court’s hasty public inquiry into these sensitive national security matters — with no contemplated protections against disclosure of operational details — underscores the urgency of immediate relief,” wrote Deputy Assistant Attorney General Drew Ensign in the appeal. The DOJ also criticized the judge’s decision to certify a class action lawsuit against the administration in under 18 hours, with no government briefing or discovery process.
President Trump’s invocation of the Alien Enemies Act was aimed at targeting members of Tren de Aragua, a violent gang that originated in Venezuela and has reportedly been linked to violent crimes in the U.S. The administration justified the emergency order by citing concerns over public safety and national security.
Despite Boasberg’s ruling, the White House confirmed that deportation efforts had already been underway. White House Press Secretary Karoline Leavitt stated that nearly 300 alleged Tren de Aragua gang members had already been arrested and deported to El Salvador, where the U.S. has an agreement to house certain deportees in a high-security prison.
“TDA [Tren de Aragua] is one of the most violent and ruthless terrorist gangs on the planet. They rape, maim, and murder for sport,” Leavitt said, emphasizing the administration’s urgency in removing the individuals from the U.S.
In a social media post, El Salvador President Nayib Bukele confirmed the arrival of 238 Tren de Aragua members and 23 MS-13 gang members, stating that they had been transferred to the Terrorism Confinement Center, the country’s mega-prison that houses thousands of high-risk criminals.
The judge’s ruling has sparked political and legal debate over the balance of executive power and judicial oversight in immigration policy. The Trump administration argues that the Alien Enemies Act gives the president broad discretion in determining threats to national security, while opponents contend that such authority must be subject to judicial review and due process.
In response to Boasberg’s ruling, Texas Rep. Brandon Gill (R-TX) announced that he would introduce articles of impeachment against the judge, calling him an “activist judge” interfering in national security decisions.
Legal experts anticipate that the case could escalate to the Supreme Court, as it raises significant questions about the limits of executive power, judicial intervention, and immigration enforcement.
For now, the administration is seeking an immediate stay on Boasberg’s order, while advocacy groups, including the American Civil Liberties Union (ACLU) and Democracy Forward, continue to challenge Trump’s use of wartime powers in immigration enforcement.
Please make a small donation to the Tampa Free Press to help sustain independent journalism. Your contribution enables us to continue delivering high-quality, local, and national news coverage.
Connect with us: Follow the Tampa Free Press on Facebook and Twitter for breaking news and updates.
Sign up: Subscribe to our free newsletter for a curated selection of top stories delivered straight to your inbox.
