U.S. District Court Judge James Boasberg remains a significant obstacle to the Trump administration’s efforts to deport alleged gang members, prompting legal experts to scrutinize his handling of the case. The Obama-appointed judge blocked President Donald Trump in March from invoking wartime authorities to send suspected Tren de Aragua gang members to a mega-prison in El Salvador—a decision that drew fierce criticism from the president-even after the State Dept. designated the gang a terrorist organization.
As the legal battle over the deportations unfolds, some experts argue that Boasberg should recuse himself, while others contend that he is overstepping his role by “making policy from the bench.” Critics have noted that Boasberg’s daughter, Katharine, is employed by an organization whose founder openly praised her father’s decision to halt the deportations.
“Under Canon 3 (C) (1) of the ‘Code of Conduct for United States Judges’ it states that judges must disqualify themselves from a case ‘in which the judge’s impartiality might reasonably be questioned,’” Hans von Spakovsky, a senior legal fellow at the Heritage Foundation, said to the Daily Caller News Foundation.
“Given that his daughter works directly for an organization that supports illegal aliens, opposes deportation of aliens, and has voiced its support for Boasberg’s action in this very case, the impartiality of his judgment is obviously open to be reasonably questioned. He should have recused himself given his immediate family’s involvement in advocacy for illegal immigration,” Spakovsky continued.
The controversy ignited on March 15, when President Trump officially invoked the rarely used wartime Alien Enemies Act of 1798 to swiftly detain and deport Tren de Aragua gang members. In response, Judge Boasberg promptly issued a temporary halt on the deportation flights, ordering any aircraft already in the air to return. Despite this, three planes carrying 238 suspected and confirmed Tren de Aragua gang members, along with 23 MS-13 gang members, still managed to land at El Salvador International Airport. The Trump administration immediately lashed out at Boasberg for his decision.
“Tonight, a DC trial judge supported Tren de Aragua terrorists over the safety of Americans,” Attorney General Pam Bondi stated after Boasberg’s order. “This order disregards well-established authority regarding President Trump’s power, and it puts the public and law enforcement at risk.”
In a court filing the following Monday, the Justice Department appealed the order and requested that Judge Boasberg be reassigned. The administration further condemned the judge for using “highly unusual and improper procedures” and accused the court of launching a “hasty public inquiry” into sensitive national security issues involving a criminal syndicate.
Questions over potential conflicts of interest emerged after Boasberg’s family ties to a liberal organization came to light. His daughter, Katherine, works for Partners in Justice—a New York City–based nonprofit that provides client advocates to public defenders. According to the New York Post, the group removed her biography from its website after Boasberg was assigned to the Alien Enemies Act case, though an archived version of the page remains available. Prior to joining Partners in Justice, Katherine was employed at the Center for Justice Innovation, a left-leaning organization that advocates for “racial justice” within the court system.
