U.S. District Judge James Boasberg said Friday he does not believe he has the legal authority to block the Trump administration from deporting Venezuelan nationals currently detained in Texas under the Alien Enemies Act of 1798.
Boasberg made the comments during an emergency hearing in Washington, D.C., in response to a request filed by the American Civil Liberties Union (ACLU).
Attorneys for the ACLU were seeking a temporary restraining order that would require the Trump administration to provide 30 days’ notice before deporting any detainees believed to be affiliated with the Tren de Aragua gang, a violent criminal organization based in South America.
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The request followed reports that removal notices had recently been issued to several detainees in Texas.
“I’m sympathetic to your conundrum, but I don’t think I have the power to do anything about it,” Boasberg told attorneys during the hearing.
The ACLU is representing a group of Venezuelan nationals who are being held in the Bluebonnet Detention Center in Anson, Texas.
The Trump administration is seeking to remove them under the authority of the Alien Enemies Act, a statute enacted in 1798 that allows the president to order the removal of foreign nationals deemed enemies of the United States during times of war.
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Boasberg cited a recent ruling by the U.S. Supreme Court as the reason for his decision.
Earlier this month, the high court overturned Boasberg’s earlier order halting deportations under the law.
In its April 7 ruling, the Supreme Court allowed the Trump administration to proceed with deportations under the Alien Enemies Act but required that detainees be given a reasonable amount of time to seek habeas corpus relief.
“If detainees are confined in Texas … venue is improper in the District of Columbia,” Boasberg noted, referencing the Supreme Court’s decision.
He added, “It is very concerning, but at this point I just don’t think I have the ability to grant relief to the plaintiffs. I just don’t really see how you’re asking me to do anything different from what the Supreme Court said I couldn’t do.”
During the hearing, Boasberg asked a Justice Department attorney whether deportation flights were planned for that evening or the following day.
DOJ attorney Drew Ensign responded that there were no flights scheduled for Friday night, but the Department of Homeland Security had informed him that it reserved the right to conduct removals as early as Saturday.
The ACLU’s emergency appeal was part of a broader legal campaign to challenge the Trump administration’s recent use of the 18th-century law.
District Judge James Boasberg just caved to President Trump and said he won’t be stopping deportation flights to El Salvador being flown under the Alien Enemies Act.
District courts can’t dictate foreign police.
That’s what the Supreme Court ruled.
Illegals better self-deport! pic.twitter.com/UBbgNNgQXM
— Paul A. Szypula 🇺🇸 (@Bubblebathgirl) April 19, 2025
On March 15, over 130 alleged members of Tren de Aragua were deported to El Salvador.
The administration has continued to assert that the president’s authority under the Alien Enemies Act permits swift removal of individuals tied to transnational criminal groups deemed a national security threat.
While Friday’s hearing did not result in an order to stop deportations, the legal battle is expected to continue in multiple jurisdictions.
The ACLU has also filed motions with other federal courts, including the Fifth Circuit Court of Appeals and the U.S. District Court in Abilene, Texas.
The Trump administration has argued that it is complying with the Supreme Court’s requirement to provide detainees sufficient time to challenge their removal.
🚨🚨🚨BREAKING: ACLU filed emergency request for Judge Boasberg to enter another emergency CLASS ACTION TRO after SCOTUS already said he didn’t have jurisdiction. SIGNIFICANTLY, ACLU is asking for immediate action because Court with jurisdiction isn’t giving it what it wants. 1/ pic.twitter.com/Vxa2EzORwH
— Margot Cleveland (@ProfMJCleveland) April 18, 2025
The administration has not publicly specified how much notice it intends to give, while attorneys for the migrants have requested a 30-day minimum.
It remains unclear how many individuals are currently subject to removal orders or when the next round of deportations will take place.
The Department of Homeland Security has not released a statement on the matter.
Judge Boasberg has previously ruled in immigration-related cases and recently came under scrutiny for issuing temporary blocks on deportation flights before the Supreme Court’s ruling limited his jurisdiction in such matters.
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