The Trump administration filed a brief with the United States Supreme Court on Friday. They are asking the justices to allow the resumption of deportation flights for illegal aliens who are members of the Venezuelan gang Tren de Aragua. The plan is to deport them via flights to El Salvador using the Alien Enemies Act.
To make this plan a reality, the Supreme Court needs to agree to vacate Federal District Court Judge James Boasberg’s order from March 16th. This update was provided by my colleague Bob Hogue in the early hours of Sunday morning.
The actions against the president began even before he signed the order.
Judge Threatens to Hold Trump DOJ in Contempt in Latest Order on Deportation Flights
Activist Nation: Judge Orders Plane Carrying Gangsters Kicked Out by Trump to Turn Around
According to reports from The Federalist journalist and Professor Margot Cleveland, Chief Justice John Roberts has requested a response after reviewing the government’s brief.
🚨🚨🚨BREAKING: Trump asks SCOTUS to intervene in Alien Enemies Act case & Justice Roberts requests response. pic.twitter.com/uzA0uqs3fs
— Margot Cleveland (@ProfMJCleveland) March 28, 2025
Cleveland praises the filing as “excellent,” with “extensive analysis”:
2/ The brief is excellent and includes extensive analysis, but the bottom line is simple: Judge Boesberg LACKED jurisdiction. That’s all that matters & Judge Henderson ignored that flaw. pic.twitter.com/qubIoS7Vb6
— Margot Cleveland (@ProfMJCleveland) March 28, 2025
She explains that the argument is a “simple” one for the justices to consider:
Judge Boesberg LACKED jurisdiction. That’s all that matters & Judge Henderson ignored that flaw.
On Mar. 26, both Prof Cleveland and our own Susie Moore analyzed the D.C. Circuit’s refusal of a stay of Boasberg’s ruling requested by the Trump Justice Department (DOJ) in the Alien Enemies Act case:
3/ As I explained soon after the D.C. Circuit issued its decision denying a stay of the injunction barring Trump Administration from removing tDa members, that was Henderson’s fatal flaw in her reasoning. https://t.co/j5YgxO6Mkl
— Margot Cleveland (@ProfMJCleveland) March 28, 2025
One of those judges was also tripped up by the same “fatal flaw,” Cleveland writes. Finally, she suggests where this case could be heading–a chastisement of lower court judges by the Supreme Court:
4/4 SCOTUS could easily start to crack down on injunctions by saying lower court’s must FIRST assure themselves of jurisdiction and when there is another basis, it cannot be the Administrative Procedure Act. MANY of other injunctions are wrongly premised on APA. pic.twitter.com/fuMdNNET3g
— Margot Cleveland (@ProfMJCleveland) March 28, 2025
There were several tangential court decisions on Friday, including what could end up being a momentary setback on the repatriation front for Team Trump, as a district court judge mulled halting the removal of a Venezuelan national whose activism, as we wrote.
But Team Trump notched one in the win column, with a Venezuelan illegal immigrant who “trained” other illegals to squat in vacant homes, among other violent and illegal activities, earning a one-way ticket home courtesy of the U.S. government:
Biden-Appointed Federal Judge Considers Blocking Repatriation of Denver-Area Illegal Alien Activist
Winning: Notorious Venezuelan Illegal Alien ‘Influencer’ Repatriated
One of those who appears to agree with Cleveland on what SCOTUS’ next move should be is Florida Attorney General James Uthmeier, who wrote on his X account on Friday:
As I said when a district judge ordered the Trump admin to turn a plane full of criminal aliens around–this is dangerous judicial territory.
SCOTUS needs to step in and reestablish President Trump’s authority under Article II of the Constitution. https://t.co/ntlR4AAT3I
— Attorney General James Uthmeier (@AGJamesUthmeier) March 28, 2025
AG Uthmeier wrote: “[T]his is dangerous judicial territory,” urging the justices to take action against judges continuing to make rulings that threaten “President Trump’s authority under Article II of the Constitution.”
This is a developing story. RedState will provide updates as warranted.
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