Over 250 individuals labeled as foreign gang members were flown to El Salvador on March 16. President Nayib Bukele announced these individuals will be transferred to the country’s mega-prison, CECOT.
On Friday, legal representatives for the government will return to court to contest the legality of President Trump’s invocation of the Alien Enemies Act.
Trump utilized this 1798 law to target members of the Tren de Aragua, a Venezuelan prison gang he claims threatens the U.S. security.
A federal district judge in Washington, D.C. temporarily halted deportations under this law after immigrant rights advocates filed a lawsuit and directed the government to redress ongoing flights.
Despite this, three flights carrying over 250 deportees ultimately landed in El Salvador the same evening.
Friday’s court hearing highlights the increasing tensions between the judiciary and executive branches, with some Republicans accusing the presiding judge of judicial overreach and suggesting impeachment.
The judge expressed concerns regarding compliance with his prior orders, as the government failed to deliver all relevant details about the flights.
In a recent legal filing, the judge criticized the government’s response as lacking substantive information and called out their evasion of obligations.
The Justice Department responded, claiming the court’s questioning regarding sensitive national security matters constitutes judicial overreach.
As Friday’s court session unfolds, additional inquiries related to adherence to the judge’s orders may arise.
Court Proceedings Intensify
White House representatives recently reported that among the 261 deportees on the three flights, 137 were sent back under the Alien Enemies Act, 101 were Venezuelans through standard immigration procedures, and 23 belonged to the MS-13 gang.
The specific planes carrying the referenced Tren de Aragua members remain unidentified.
The Justice Department has yet to release all pertinent information requested by the court.
In an emergency filing earlier this week, legal counsels expressed concerns that the case had devolved into trivial disputes regarding minor facts, warning it could lead to unnecessary judicial inquiries.
Simultaneously, the Justice Department filed a separate appeal seeking the judge’s removal from the case.
Lawyers informed the judge that the administration is analyzing the potential use of state secrets privilege concerning flight details requested by the court.
The judge set a deadline demanding more clarification regarding these discussions by Friday morning, alongside a final statement on whether the administration intends to invoke state secrets by March 25. He reiterated the need for an explanation on how the March 15 flights did not violate his previous order.
Trump Addresses Judge Criticism
Trump labeled the judge a “radical left” operative during a recent interview, implying a quest for publicity.
“We have some terrible judges — these individuals shouldn’t serve,” Trump stated, referencing the need to address judges perceived as rogue.
He also called for the impeachment of judges perceived as acting against his policies, hinting at the judge presiding over this case.
White House Deputy Chief of Staff reaffirmed the administration’s support for Trump’s remarks, emphasizing the dangers posed to democracy by district court judges assuming expansive powers.
