The Trump administration is urging a federal appeals court to reassign a case challenging its use of the Alien Enemies Act for swift deportations, arguing that the judge overseeing the matter has handled the case improperly.
In a letter to the U.S. Court of Appeals for the District of Columbia Circuit, the Justice Department called for the removal of U.S. District Judge James Boasberg, an appointee of former President Barack Obama, after Boasberg issued a nationwide injunction on Saturday blocking the administration’s plan to deport suspected members of Tren de Aragua, a Venezuelan gang.
“This Court should also immediately reassign this case to another district court judge given the highly unusual and improper procedures — e.g. certification of a class action involving members of a designated foreign terrorist organization in less than 18 hours with no discovery and no briefing from the Government,” Drew Ensign, deputy assistant attorney general for immigration litigation, wrote in the filing.
The request came just hours before a 5 p.m. hearing, in which he was set to weigh whether the administration violated his court order by sending deportation flights to El Salvador on Saturday evening.
On Monday, Boasberg denied the government’s motion to cancel the hearing. The judge stated he does not plan to rule after the hearing, emphasizing that the discussion was convened “solely to perform fact-finding about the government’s compliance with my order.”
The Justice Department contends that Boasberg’s injunction did not apply because the deportation flights had already departed U.S. airspace by the time of his ruling. Meanwhile, the judge has ordered a review of whether the administration defied court orders by moving forward with the removals.
“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 from this Court, including an immediate administrative stay,” Ensign argued, saying the lower court’s actions risk interfering with President Donald Trump’s Article II authority over foreign policy.
The case represents the most significant test yet of Trump’s invocation of the Alien Enemies Act, a rarely used 1798 law that grants the president broad powers to remove foreign nationals deemed a threat to national security. The administration has framed the measure as a necessary tool to expedite deportations amid rising concerns over illegal immigration and transnational crime.
During the nearly hourlong hearing, a Justice Department lawyer repeatedly declined to answer a federal judge’s questions about whether the White House violated a court order by deporting over 200 migrants to El Salvador with minimal due process.
The attorney, Abhishek Kambli, cited “national security concerns” as the reason for withholding details. Boasberg appeared skeptical of the government’s arguments and ordered officials to provide additional information by noon on Tuesday.
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Boasberg’s decision has led to sweeping calls from pro-Trump lawmakers and allies for Boasberg’s impeachment. The administration’s request to remove him from the case is the latest sign of its frustration, as judges in recent weeks have issued sweeping orders stymieing the president’s agenda.
The D.C. Circuit is expected to rule on the request for reassignment and a possible stay of the injunction in the coming days.