Trump foe Boasberg to grill DOJ over migrant flights in heated hearing
Boasberg did not immediately signal which motions he would consider during the hearing.
But it comes after Boasberg found himself at the center of Trump's ire and attacks on so-called "activist" judges this year, following his March 15 temporary restraining order that sought to block Trump's use of the Alien Enemies Act — a 1798 wartime immigration law — to quickly deport hundreds of Venezuelan nationals to El Salvador earlier this year.
Boasberg also ordered all planes bound for El Salvador to be "immediately" returned to U.S. soil, which did not happen.
His emergency order touched off a complex legal saga that ultimately spawned dozens of federal court challenges across the country — though the one brought before his court on March 15 was the very first — and later prompted the Supreme Court to rule, on two separate occasions, that the hurried removals had violated migrants' due process protections under the U.S. Constitution.
And Boasberg, as a result, has emerged as the man at the center of the legal fallout.
While the order itself has been in a bit of a holding pattern — the U.S. Circuit Court of Appeals for the District of Columbia stayed the order two months ago, when they agreed to review the ruling — Thursday's hearing could revive the bitterly divisive court fight once more.
Boasberg is expected to consider plaintiffs' motions to reopen limited discovery, citing new evidence — including a recent UN report stating that, according to Salvadoran officials, the U.S. holds sole legal responsibility and custody over migrants transferred to CECOT. Other submissions include a whistleblower report from former Justice Department attorney Erez Reuveni, who worked on the case shortly before his removal.
Trump administration officials have repeatedly excoriated Boasberg as an "activist judge" — a term they have employed for judges who have either paused or blocked Trump's sweeping policy priorities enacted via executive order. Trump himself floated the idea that Boasberg could be impeached earlier this year— prompting Supreme Court Chief Justice John Roberts to issue a rare public warning.
Tensions between Boasberg and the Trump administration soared to a fever pitch earlier this year after Boasberg in April said he had found probable cause to hold the Trump administration in criminal contempt for failing to return the planes to U.S. soil, in accordance with his emergency order, and said the court had determined that the Trump administration demonstrated a "willful disregard" for his order. (The Trump administration appealed the findings to the U.S. Court of Appeals for the D.C. Circuit.)
In June, Boasberg ordered the Trump administration to provide all non-citizens deported from the U.S. to a maximum-security prison in El Salvador to be afforded the opportunity to seek habeas relief in court, and challenge their alleged gang status.
CLICK HERE TO GET THE FOX NEWS APPHis 69-page order began by invoking Franz Kafka's "The Trial," in which the protagonist, Josef K., awakens to find two strange men outside his room, who proceed to arrest him for unspecified crimes.
"Such was the situation into which Frengel Reyes Mota, Andry Jose Hernandez Romero, and scores of other Venezuelan noncitizens say they were plunged on March 15, 2025," Boasberg said.Thursday's hearing comes amid a flurry of new reports and allegations filed by plaintiffs in the case in an effort to reopen discovery.
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