In a dramatic turn of events, Judge James Boasberg, appointed by Obama, has accused the Department of Justice of “evading its obligations” in the contentious Alien Enemies Act case. On Thursday, Boasberg made new and demanding requests of the Trump Administration, signaling an intensifying legal battle.
This Wednesday, Boasberg provided a 24-hour stay in the case, simultaneously criticizing the Trump Administration in his court order.
Earlier on Tuesday, the DOJ had criticized Boasberg’s inquiries as engaging in a “picayune dispute over micromanagement of immaterial factfinding.” The core of the dispute revolves around the government’s alleged defiance of a previous order concerning planes bound for Central America to deport Venezuelan aliens.
The DOJ, maintaining its stance, refused to provide sensitive information to Judge Boasberg regarding Trump’s use of the Alien Enemies Act. The following day, the DOJ denounced Boasberg’s latest demands as an “egregious overreach” into the Executive Branch’s powers.
Despite granting the stay, Boasberg insisted the government must formally invoke privilege if it wishes to withhold state secrets. He argued that disclosure of the sensitive information would not compromise state secrets, as Secretary of State Marco Rubio had already publicly discussed the deportations.
“Defendants shall have until March 20, 2025, at 12:00 p.m. to provide the information discussed in the Minute Order of March 18, 2025, or to invoke the state-secrets doctrine and explain the basis for such invocation,”
However, the noon deadline passed without sufficient response, prompting Boasberg to criticize the DOJ’s submission as “woefully insufficient.” The judge received a brief, unsatisfactory report from the Acting Field Office Director of U.S. Immigration and Customs Enforcement, which merely reiterated prior information.
Boasberg’s new demands include:
- By March 21, 2025, Defendants must submit a sworn declaration by someone directly involved in Cabinet-level discussions about the state-secrets privilege.
- By March 25, 2025, Defendants must declare whether or not the Government is invoking this privilege.
- Also by March 25, a brief explaining any violation of the Court’s Temporary Restraining Orders regarding the return of class members on flights from March 15, 2025, must be filed.
- Plaintiffs may respond by March 31, 2025.
President Trump, known for his forthright responses, lashed out at Boasberg on Truth Social:
“Judge James Boasberg is doing everything in his power to usurp the Power of the Presidency. He is a local, unknown Judge, a Grandstander, looking for publicity, and it cannot be for any other reason, because his “Rulings” are so ridiculous, and inept. SAVE AMERICA!”
— Donald Trump
March 2025
