A federal judge’s decision to block President Donald Trump’s deportation order has ignited outrage among conservatives, with legal experts expressing concerns about a troubling overreach of judicial power. U.S. District Judge James Boasberg issued a temporary restraining order last week, halting Trump’s use of the Alien Enemies Act to deport suspected Venezuelan gang members.
The ruling has faced fierce criticism, with some calling for Boasberg’s impeachment. Fox News legal analyst Greg Jarrett weighed in on the controversy, labeling the decision as a clear 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,” Jarrett explained during a Fox News segment on Monday. “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,” Jarrett said.
Boasberg’s ruling followed Trump’s invocation of the Alien Enemies Act, a law dating back to 1798, to rapidly deport non-citizen members of Tren de Aragua, a violent Venezuelan criminal group involved in drug and human trafficking. The administration argued that the swift deportation of these individuals was crucial for national security. The Department of Justice is challenging the decision, moving to appeal Boasberg’s restraining order. On Monday, a higher appellate court began reviewing the case, which is expected to ultimately be brought 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.”
