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

Conservative News DailyApril 19, 2025

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A federal judge, James Boasberg, ruled on Friday that he does not have the authority to halt deportations under the Alien Enemies Act, despite the Supreme Court temporarily suspending such actions. The American Civil Liberties Union (ACLU) filed for an emergency order to allow individuals facing deportation to have 30 days to contest the proceedings, but Boasberg stated that he lacked the power to issue a nationwide restraining order. The ACLU argues that the law infringes on due process rights, especially regarding expedited deportations of individuals from the Tren d-Aragua gang in Venezuela.

While the Supreme Court has ruled that the government can use the 1798 law for deportations, it must also ensure that those detained have the opportunity to challenge their deportations. Following a hearing, it was revealed that the notice given to some migrants was inadequate, ofen provided only 24 hours before their scheduled removal. Even though no immediate deportations were planned, the deputy Assistant Attorney General emphasized that the government reserves the right to act quickly if necessary. The Supreme Court later issued an order preventing the deportation of certain individuals in Texas until further notice, with some justices dissenting against this order.

A federal judge on Friday said he cannot stop deportations under the Alien Enemies Act, although the Supreme Court has halted deportations for now.

U.S. District Court Judge James Boasberg said he could not grant the American Civil Liberties Union an emergency order it wanted to stop deportations.

The ACLU wanted to force the administration to give everyone scheduled to be deported 30 days to challenge the proceedings.

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

“I just don’t think I have the power to do anything about it,” he said, noting in part that he lacks the authority to issue a nationwide temporary restraining order.

The Trump administration’s use of the 1798 law to deport members of the Venezuela-based Tren d-Aragua gang has been challenged by supporters of illegal immigrants who say the law violates their due process rights.

The Supreme Court has ruled that the government has the power to use the law as a basis for deportations, but it must allow those being detained a chance to challenge being deported.

On Friday, Deputy Assistant Attorney General Drew Ensign said no immediate deportations were in the works.

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

However, that option went away early Saturday when the Supreme Court issued an order barring the administration from deporting a group of illegal immigrants in Texas who say they have been targeted 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 said.

Justices Samuel Alito and Clarence Thomas dissented from the order.

Attorneys for the Venezuelans in the Texas case said their clients did not get enough notice of their removal.

At Friday’s hearing before Boasberg, ACLU attorney Lee Gelernt said the notice migrants are receiving is not sufficient, and only came 24 hours before their potential removal.

Ensign responded that the Supreme Court order required illegal immigrants to receive notice and not be invited to challenge their deportation, which he said they can do under an existing process.

“I certainly think the notice is very troubling,” Boasberg said, saying he doubted the notice met the Supreme Court’s standard.

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