Federal District Court Judge James Boasberg is refusing to lift a temporary restraining order (TRO) against President Donald J. Trump’s administration that bars it from using the Alien Enemies Act to deport members of the violent Venezuelan gang Tren de Aragua to El Salvador. In an order issued Monday, Judge Boasberg rejected a motion by the Trump White House to vacate the TRO, asserting that the plaintiffs in the case have shown “a high likelihood of suffering significant harm” under the deportation orders.
At the heart of the issue is whether President Trump has the power to deport illegal immigrants believed to be members of Tren de Aragua to the country of El Salvador, where they are being detained in a prison facility built to house violent criminals and organized crime elements.
“There may well also be independent restrictions on the Government’s ability to deport class members—at least to Salvadoran prisons—even if they do fall within the Proclamation’s terms,” Judge Boasberg writes, noting it is his belief that the plaintiffs have a high likelihood of succeeding in their appeal, which justifies keeping the TRO which bars their deportation in place.
Boasberg—appointed to the bench by former President Barack Obama—has previously warned the Trump administration of “consequences” should it ignore his restraining order on the deportations. Earlier this month, the judge attempted to order several plans carrying Tren de Aragua members to turn around and return to the U.S. However, the flights had already departed and were over international waters at the time Boasberg’s order was filed.