Federal judge hears second challenge to Trump’s use of Alien Enemies Act to deport migrants

U.S. District Judge James Boasberg is set to preside over a hearing on Wednesday evening in a second court case involving President Donald Trump’s use of the 1789 Alien Enemies Act to deport certain migrants. This hearing will see arguments from Trump administration lawyers as well as the ACLU, with plaintiffs seeking broader and more lasting relief than in the previous lawsuit heard by Boasberg in March.

The plaintiffs in this case are seeking a preliminary injunction as a class action, aiming to protect two groups of migrants: those already deported to the notorious Salvadorian prison and those still detained in the U.S. and at risk of imminent removal. They are asking the court to block the removal of detainees under the Alien Enemies Act and to provide at least 30 days notice before any planned removals, allowing individuals to challenge their deportation in U.S. courts.

For migrants already deported to CECOT, the plaintiffs are requesting that the Trump administration facilitate their return and take all reasonable steps to do so, including transferring them from the Salvadorian prison into U.S. custody. The administration’s defiance of court orders to return migrants from CECOT to the U.S., including those mistakenly deported in March, has raised concerns among Trump critics and court observers.

The administration’s refusal to comply with court orders and disclose the identities of individuals deported to El Salvador under the Alien Enemies Act has sparked fears that they may be testing the boundaries of executive branch authority. Plaintiffs argue that without injunctive relief, more individuals could be sent to the notorious Salvadorian prison, where they may be held indefinitely.

The outcome of this hearing could have significant implications for the administration’s use of the Alien Enemies Act and its treatment of migrants. Judge Boasberg, a high-profile judge in D.C., will once again be at the center of the legal battle between the Trump administration and advocates for immigrant rights. Stay tuned for updates on this developing story.