Judge Boasberg Doesn’t Think He Has the ‘Power’ to Block Trump Deportations

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U.S. District Judge James Boasberg, citing a recent Supreme Court ruling, rejected an emergency motion on Friday to halt the Trump administration from deporting more individuals under the Alien Enemies Act (AEA). The administration’s deportation of over 200 migrants to El Salvador, including those not convicted of crimes, has sparked controversy. Boasberg has been embroiled in a legal battle over the government’s authority to deport migrants without due process.

The Supreme Court’s recent ruling emphasized that while deportations under the AEA are permissible, detainees must have the opportunity to contest their removal. The court also unanimously determined that the administration must assist in returning a detained migrant, Kilmar Abrego Garcia, to the U.S. Both the Trump administration and El Salvador’s President Nayib Bukele have claimed they lack the power to repatriate Abrego Garcia.

The American Civil Liberties Union (ACLU) filed emergency motions seeking to block further deportations under the AEA. Despite ACLU’s request for an emergency order granting individuals subject to the AEA 30 days to challenge their detention, Boasberg declined to issue a nationwide temporary restraining order (TRO), citing limitations based on the Supreme Court’s ruling.

Following Boasberg’s decision, a government lawyer indicated there were no imminent deportation plans but left open the possibility of future removals. ACLU has lodged an emergency appeal to the Supreme Court, alleging that the Trump administration is disregarding the court’s ruling by pursuing deportations under the AEA without due process.

Lee Gelernt, an ACLU attorney, expressed concern that the Supreme Court’s ruling was being overlooked, while the Trump administration viewed the decision as affirming the president’s authority over foreign affairs. The Supreme Court has yet to respond to ACLU’s emergency appeal.