In an unprecedented attack on the separation of powers, the Trump administration faces a legal showdown today. U.S. District Judge James Boasberg has scheduled a hearing for 5:00 PM ET (10:00 PM CET) to determine whether Trump deliberately violated a court order by deporting hundreds of Venezuelans.
While the White House claims that the individuals deported were dangerous criminals, legal experts view the move as a blatant disregard for judicial authority. The administration justifies its actions with an 18th-century law—a historical relic previously used only in times of war. But the key questions remain: Did Trump knowingly violate the Constitution? And if so, will the judiciary allow this breach to go unpunished?
The deportation of over 200 Venezuelans to El Salvador has sparked outrage. The White House officially justified the measure by claiming the deportees were linked to the Tren de Aragua criminal organization, yet no evidence was provided. Critics accuse the administration of using the term “terrorist” arbitrarily to circumvent legal processes.
Human rights organizations like the ACLU warn that this sets a dangerous precedent: If a government can deport entire groups of people without judicial review, it opens the door to further abuses of power.
On Saturday, the ACLU requested an emergency hearing to stop the deportations. Boasberg issued a temporary restraining order prohibiting the Trump administration from using the Alien Enemies Act for mass deportations. The judge made it clear that any flights already in progress must turn back. However, on Sunday, El Salvador’s President Nayib Bukele posted a video on X (formerly Twitter) showing migrants being forcibly removed from a plane in the middle of the night. “Oopsie … too late,” Bukele wrote mockingly—an open challenge to the U.S. legal system.
The Trump administration defended itself by claiming that all affected flights had taken off before the order was issued. Legal experts disagree, arguing that a government plane remains a federal jurisdiction, regardless of whether it is airborne or on the ground. The idea that judicial authority does not apply in the air has been widely dismissed as absurd.
Trump is making a calculated display of power
He is testing how far he can go without facing serious consequences. His use of the Alien Enemies Act sends an alarming signal. The law was last used in World War II to justify the internment of Japanese, German, and Italian Americans. Now, Trump is exploiting it to deport migrants without due process—a drastic expansion of executive power, which constitutional scholars call unprecedented.
Michael J. Gerhardt, a constitutional law professor at the University of North Carolina, warns that this case could have repercussions far beyond the current deportations. If the court does not stop Trump’s actions, it could mark the beginning of an authoritarian misuse of executive authority.
Political resistance is mounting. Four Democratic senators, including Dick Durbin and Cory Booker, declared on Monday that America is on a dangerous path. They urged the courts and Congress to hold Trump accountable and draw a clear line. Yet the White House remains unmoved.
Trump’s senior advisor Tom Homan stated bluntly on Fox News Monday morning: “Another flight. Another flight—every day.” When asked how the administration would respond to further court rulings, he responded coldly: “We’re not stopping. I don’t care what the judges think.”
This conflict is more than just a legal battle over deportations. It is a test for American democracy itself. At 5:00 PM today, the judiciary will decide whether it still has the power to rein in a president—or whether Trump has finally become untouchable.
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