President Donald Trump, himself, is asking the Supreme Court of the United States (SCOTUS) to allow the federal government to deport illegal alien gang members to El Salvador under the Alien Enemies Act.
Last month, Trump invoked the Alien Enemies Act to begin deporting illegal alien gang members of Tren de Aragua and MS-13 under a deal negotiated with El Salvador’s President Nayib Bukele.
As two deportation flights were underway, U.S. District Court Judge James Boasberg issued a temporary restraining order to block the Trump administration from using the Alien Enemies Act. A lower court later upheld Boasberg’s ability to issue such an order.
Now, in support of the Department of Justice’s (DOJ) request, Trump is writing to SCOTUS himself, pleading with the justices to fully vacate Boasberg’s order.
“A single district court has enjoined further national-security operations pursuant to the Alien Enemies Act to remove members of a designated foreign terrorist organization that is ‘conducting irregular warfare against the territory of the United States * * * at the direction * * * of the Maduro regime in Venezuela,” counsel for Trump writes in the filing to SCOTUS:
A majority of the D.C. Circuit acknowledged that this injunction is appealable and risks compromising delicate foreign negotiations over the terms and conditions under which foreign countries will accept and detain these foreign terrorists. Yet a separate majority declined to stay the district court’s de facto nationwide injunction, which rests on a blatantly unlawful drive-by class certification. [Emphasis added]
…
For the foregoing reasons and those stated in the government’s application, the Court should vacate the district court’s March 15, 2025 injunctive orders, as extended by that court on March 28. [Emphasis added]
Rep. Brandon Gill (R-TX) filed Articles of Impeachment against Boasberg in response to his blocking the Trump administration from using the Alien Enemies Act. Counsel for Rep. Gill wrote an amicus brief supporting the DOJ’s request for an immediate administrative stay.
“President Donald J. Trump’s decision to declare an invasion and remove Alien Enemies is not subject to review by the Courts of the United States. Congress made that clear in the text of the Enemy Aliens Act (AEA),” Gill’s counsel wrote.
Continuing, the brief read:
Determining the existence of an invasion is entirely given to the executive, and courts have unanimously found this prerogative to be a non-reviewable and non-justiciable political question. Removals under the authority granted by the AEA are likewise non-reviewable and nonjusticiable. [Emphasis added]
…
Therefore, this Court should vacate the district court’s Temporary Restraining Order. [Emphasis added]
Democrats, in recent weeks, have said that Trump should fly the suspected gang members sent to El Salvador back to the U.S. because they deserve due process to fight their deportations.
“I call on my colleagues … to demand that the Trump Administration comply with all judicial orders while appealing whichever ones they want to appeal, and to demand the return of people unlawfully taken to El Salvador on that so-called plane full of ‘gang bangers,’” Rep. Jamie Raskin (D-MD) said at a hearing this week.
John Binder is a reporter for Breitbart News. Email him at
