A U.S. District Judge sharply questioned government attorneys on Thursday, raising serious concerns about whether officials violated a court order blocking deportations under the 1798 Alien Enemies Act. The dispute centers on the use of the wartime statute to deport Venezuelan nationals, including suspected members of the Tren de Aragua gang, and has attracted intense legal scrutiny. The hearing examined not only whether the government disregarded an emergency injunction issued last month but also raised the possibility of contempt charges, signaling a potentially serious legal confrontation.
The Deportation Flights and Legal Implications
The case involves the continued deportation of Venezuelan nationals under the 1798 Alien Enemies Act, despite a temporary court order halting such actions. Deportation flights conducted on March 15, 2023, removed at least 261 migrants, including over 100 Venezuelan nationals. These deportations, carried out solely under the halted law, raised a critical legal question: did the government violate the court’s injunction by proceeding?
During the hearing, the judge pressed government attorneys on why deportations continued despite the emergency court order. “You maintain that the government was in full compliance with the court’s order on March 15, correct?” the judge asked. A government representative affirmed, but the judge expressed skepticism, stating, “It seems to me the government acted in bad faith that day.”
The judge’s sharp criticism suggested that the court may view the government’s actions as a deliberate disregard for the legal process. The pointed question—“If you really believed everything you did that day was legal and would survive a court challenge, you would not have operated the way you did”—cast doubt on the sincerity of the government’s compliance.
Government’s Handling of Deportation Information
A major issue during the hearing was the government’s reluctance to share details about the deportation flights, especially the timing of the departures. The judge repeatedly asked for specifics, including who authorized the flights and when they left U.S. soil. Officials struggled to provide clear answers, citing national security concerns for withholding certain information.
The judge questioned why the flight details had not been submitted privately to the court, noting that the information was not classified. “Can you think of one instance where the state secrets privilege was invoked using unclassified information?” the judge asked. No clear response was provided, prompting the judge to remark, “Pretty sketchy,” raising further credibility concerns.
The government’s refusal to fully disclose specifics about the deportations has been particularly contentious given the court’s temporary block on the use of the Alien Enemies Act. The lack of transparency has deepened suspicion about the government’s motives, and the judge’s probing questions emphasized the seriousness with which the court is considering the potential violation of its order.