NEW: Legal Expert Scorches District Judge Blocking Trump Agenda: ‘So Troubling’
A federal judge’s decision to halt President Donald Trump’s deportation order has sparked outrage among conservatives, with legal experts warning of a troubling overreach of judicial power. U.S. District Judge James Boasberg issued a temporary restraining order last week blocking Trump’s use of the Alien Enemies Act to deport suspected Venezuelan gang members.
The ruling has drawn sharp criticism, with some calling for Boasberg’s impeachment. Fox News legal analyst Greg Jarrett weighed in on the controversy, calling Boasberg’s ruling a blatant defiance of Supreme Court precedent.
“What’s so troubling about Boasberg’s restraining order is that he is defying the Supreme Court, which reviewed Harry Truman’s use of the Alien Enemies Act after World War II ended,” Jarret explained. “The high court said that not only is the act constitutional under the law of the land, it is not subject to judicial review by any judge.”
“So when a president invokes it, no judge, no court can ever intervene—not even the Supreme Court—because Congress gave the president the exclusive power that is purely political to make decisions on national security and foreign policy.”
“Boasberg is duty-bound, Brian, as a lower court judge, to follow the ruling of the highest court—the Supreme Court—and butt out. And yet, he is brazenly ignoring Supreme Court precedent,” Jarret said.
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Judge Boasberg’s ruling came after Trump invoked the Alien Enemies Act, a law used dating back to 1798, to swiftly deport non-citizen members of Tren de Aragua, a violent Venezuelan criminal organization known for drug and human trafficking. The administration argued that the immediate deportation of these individuals was necessary to protect national security.
The Department of Justice is fighting back, moving to appeal Boasberg’s restraining order. On Monday, a higher appellate court began reviewing the case, which will likely end up before the Supreme Court.
Jarrett warned that the process could be lengthy, given the composition of the appellate court. “This is again strictly a TRO hearing today in the appellate court, temporary restraining order. Although, I suspect they may start talking about other things, like has this judge exceeded his authority on other grounds, which I think he has.”
Jarrett explained, “It’s an uphill battle for the Department of Justice on behalf of President Trump. So if they uphold the TRO, goes back to the trial court judge, we see what he does. And then on the merits, it’ll be appealed by the Department of Justice, again, going to higher and higher courts. Eventually, I think to the US Supreme Court.”
Trump’s allies insist that his immigration policies are necessary to curb rising crime linked to foreign gangs. The Tren de Aragua gang, which has expanded its operations across Latin America and into the U.S., is accused of running extensive smuggling networks and violent criminal enterprises.
Conservative leaders warn that if judges continue to interfere with national security decisions, Congress may need to take action. Boasberg’s decision is the latest in a growing list of judicial blocks against Trump’s agenda.
Trump has already faced 15 injunctions against his policies—more than his predecessors. While President George W. Bush saw just six injunctions throughout his administration, and Barack Obama faced 12, Trump’s second term is on pace to exceed both.