A federal judge who temporarily blocked President Donald Trump’s order to deport Venezuelan gang members using the Alien Enemies Act of 1798 is now facing an impeachment push, led by Rep. Brandon Gill (R-Texas) and supported by Elon Musk.
“Necessary,” Musk wrote on X after Gill announced his intention to file articles of impeachment against US District Judge James Boasberg.
Judge’s order halts rapid deportations
Judge James Boasberg issued a 14-day restraining order on Trump’s use of the Alien Enemies Act, preventing him from bypassing traditional immigration laws to rapidly deport suspected members of Tren de Aragua, a notorious Venezuelan prison gang.
Boasberg further ordered that any plane carrying deported migrants must be returned to the United States if already in transit.
Deportations to El Salvador before the ruling took effect
Despite Boasberg’s ruling, over 250 suspected gang members had already been deported to El Salvador, where they are now being held at the country’s Terrorism Confinement Center (CECOT) under a deal brokered between Salvadoran President Nayib Bukele and Secretary of State Marco Rubio.
Bukele posted dramatic video footage on Sunday, showing shackled prisoners being escorted by heavily armed officers.
Trump’s Executive action under the Alien Enemies Act
Trump’s executive action invoked the Alien Enemies Act, a rarely used wartime law, to justify the mass deportation of Tren de Aragua members. The act gives the president broad authority to apprehend and expel foreign nationals from enemy countries.
In January, Trump designated Tren de Aragua as a terrorist organisation, citing their involvement in human trafficking, drug smuggling, and kidnappings in multiple US states, including New York.
Legal challenge and court appeal
Judge Boasberg’s temporary order came after an emergency lawsuit was filed by the American Civil Liberties Union (ACLU) and Democracy Forward, arguing that the deportations violated legal protections.
“I do not believe I can wait any longer and am required to act,” Boasberg stated on Saturday, explaining that his ruling was meant to give the courts time to weigh the legal issues.
The Trump administration has appealed Boasberg’s ruling to the DC Circuit Court of Appeals, seeking to overturn the temporary restraining order and continue deportations.
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