Judge Boasberg Realizes It's Over, Admits He's Powerless to Stop Trump Deportations

On Friday, a federal judge stated that he lacks the authority to halt deportations under the Alien Enemies Act, even though the Supreme Court has temporarily paused such removals.

U.S. District Judge James Boasberg declined the American Civil Liberties Union’s (ACLU) request for an emergency order to suspend deportations.

The ACLU had sought to compel the government to provide individuals facing deportation with a 30-day window to contest their removal.

“I’m sympathetic to everything you’re saying,” Boasberg said, as reported by Newsweek.

“I just don’t think I have the power to do anything about it,” he added, explaining that he does not have jurisdiction to issue a nationwide temporary restraining order.

The administration under former President Trump has invoked a law from 1798 to justify deporting members of Tren de Aragua, a gang originating in Venezuela. This use of the law is being challenged by immigration advocates who argue it infringes upon due process rights.

While the Supreme Court has affirmed the government’s ability to employ the law for deportations, it also emphasized that individuals must be allowed an opportunity to dispute their removal.

Deputy Assistant Attorney General Drew Ensign stated during Friday’s proceedings that there were no immediate deportations scheduled.

“I’ve spoken with [Department of Homeland Security]; they are not aware of any current plans for flights tomorrow,” Ensign noted. “But I have also been told to say that they reserve the right to remove people tomorrow.”

That possibility was later foreclosed when, early Saturday, the Supreme Court issued an order preventing the deportation of a group of migrants in Texas who claim they were unfairly singled out for removal, according to CNN.

“The government is directed not to remove any member of the putative class of detainees from the United States until further order of this court,” the order declared.

Justices Clarence Thomas and Samuel Alito dissented from the ruling.

Lawyers representing the Venezuelan nationals in the Texas case argued that their clients were not given adequate warning of their deportations.

During Friday’s hearing, ACLU attorney Lee Gelernt stated that the notices provided were insufficient, coming only 24 hours before the scheduled deportations.

Ensign countered by pointing to the Supreme Court's requirement that migrants receive notice and be allowed to contest their removal—a process he said is already in place.

“I certainly think the notice is very troubling,” Boasberg remarked, expressing doubts that the notice met the Court’s criteria.

“But I don’t think I have the ability to grant relief,” he concluded.