AFL, Rep Gill say court order ‘unconstitutionally impedes’ on Trump’s authority
America First Legal (AFL) and Texas GOP Rep. Brandon Gill are standing behind President Donald Trump’s use of a 1798 wartime law, arguing that a recent court order blocking Trump’s deportation plans is unconstitutional and impedes his presidential authority. U.S. District Judge James Boasberg faced criticism after issuing an order to halt the deportation of Venezuelan nationals, including alleged members of the gang Tren de Aragua (TdA), for a period of 14 days. Boasberg’s order also required any flights in progress to return to U.S. soil immediately.
“This law was enacted by Congress in 1798,” stated America First Legal Senior Counsel James Rogers. “For over 226 years, courts have consistently recognized the President’s authority as Commander in Chief to invoke the Act and expel aliens under its provisions.” AFL and Rep. Brandon Gill are supporting Trump’s use of the 1798 Alien Enemies Act (AEA) to address the threat posed by Tren de Aragua.
In their amicus filing, AFL states that Rep. Gill believes Tren de Aragua poses a significant danger to the United States and supports the President’s efforts to address this threat swiftly and effectively. The filing argues that the AEA grants the President the power to invoke its provisions in cases of invasion or predatory incursion, a power that is not subject to judicial review.
The filing emphasizes the President’s constitutional authority as Commander in Chief and the AEA’s grant of wartime powers, asserting that courts should not interfere with the President’s decisions regarding the Act’s implementation. AFL contends that the plaintiffs are illegally present in the country, and blocking the TdA Proclamation undermines the President’s ability to respond to national security threats.
Judge Boasberg’s criticism of the administration for failing to disclose information on deportation flights to El Salvador led to further tensions. The court received a declaration from an ICE office director indicating that Cabinet secretaries were considering invoking state secrets privileges over the requested information, which Boasberg deemed insufficient.
Following Boasberg’s emergency order blocking the deportation plans, Rep. Brandon Gill introduced impeachment articles against the judge, accusing him of abusing his authority and interfering with the Executive Branch’s mandate to keep the American people safe. Gill’s resolution asserts that Boasberg’s order endangers national security, represents a misuse of judicial power, and disrupts the judiciary’s functioning.
In a statement to Fox News Digital, Gill criticized what he sees as a pattern of activist judges impeding the President’s authority and vowed to uphold the will of the American people. The resolution filed by Gill condemns Boasberg’s actions as an attempt to overstep his judicial bounds and undermine the democratic process.
As the legal battle continues, America First Legal and Rep. Brandon Gill remain steadfast in their support of President Trump’s use of the 1798 Alien Enemies Act to address national security threats. The ongoing dispute underscores the complex relationship between executive power, judicial oversight, and constitutional principles in the realm of immigration enforcement.
