Well, look who finally caught a break. The Trump administration just scored a near-term victory in the latest courtroom circus over its efforts to keep the country safe—imagine that. A U.S. appeals court had the good sense to hit pause on an activist lower court’s order that demanded the Trump team provide so-called “due process” to a few hundred Venezuelan migrants who were deported to El Salvador under the Alien Enemies Act. Yes, you read that right—the Alien Enemies Act of 1798. Sometimes the old ways are the best ways.
Here’s the short version: U.S. District Judge James Boasberg, who seems to be carving out quite a reputation for himself as the patron saint of open borders, ruled last week that the Trump administration somehow violated the due process rights of these individuals—who, by the way, were identified as dangerous gang members. The judge ordered the administration to go through the charade of providing habeas relief and giving these individuals the chance to contest their removal. You know, because what this country needs more of is MS-13 alumni on the guest list.
Boasberg’s order required the administration to submit a plan for implementing this courtroom charade by Wednesday. The Justice Department, recognizing the absurdity of this order and its dangerous implications, filed an emergency motion to stay the ruling. The D.C. Circuit Court agreed, granting an administrative stay that wisely puts Boasberg’s order on ice—at least for now.
Let’s be clear about what this is really about. The Trump administration is trying to enforce the law and protect American citizens by removing individuals with strong ties to violent criminal gangs. The fact that a federal judge even entertained the idea that deported foreign nationals—now sitting in a maximum-security prison in El Salvador—should somehow be granted U.S. constitutional protections is, frankly, beyond parody.
The Justice Department rightly argued that Boasberg didn’t even have jurisdiction here. The migrants are in El Salvador, under Salvadoran custody. The idea that a U.S. court should dictate the terms of their detention or removal process is not only a dangerous precedent but a laughable overreach. In their appeal, the DOJ called the district court’s order “unprecedented, baseless and constitutionally offensive”—a refreshingly honest assessment in this era of legal gymnastics.
Of course, Judge Boasberg has been waging his own little crusade against the administration’s use of the Alien Enemies Act all year. Back in March, he tried to halt deportation flights and demanded that planes already en route to El Salvador be turned around mid-flight. Because nothing says serious jurisprudence like grounding international flights on a judge’s whim. The planes landed anyway, and the administration moved forward—just as it should have.
Since then, Boasberg has tried to conduct fact-finding hearings and even threatened the administration with contempt for allegedly ignoring his emergency order. Once again, an appeals court had to step in to put a stop to that nonsense.
Here’s the bigger picture. Time and time again, the Trump administration’s efforts to enforce immigration law and protect Americans have been met with obstruction from activist judges. The pattern is as predictable as sunrise. Any time there’s a serious move to deport dangerous criminals or secure the border, the left runs to the courts—and too often finds a sympathetic ear.
Now, the D.C. Circuit has handed the administration a well-earned reprieve. Will it hold? We’ll see. But at least for today, common sense and national security are back in the winner’s column. Let’s hope it stays that way. America has enough problems without importing more of them.
