Judge clashes with DOJ over failing to turn back deportation flights

“I’m just asking how you think my equitable powers do not attach to a plane that has departed the U.S., even if it’s in international airspace,” U.S. District Judge James Boasberg said.

Published: March 17, 2025 7:36pm

U.S. District Judge James Boasberg on Monday clashed with the Department of Justice over its refusal to turn deportation flights back to the U.S. following his Saturday order.

Boasberg issued an order on Saturday temporarily blocking the Trump administration from using the 1789 Alien Enemies Act to deport illegal immigrants, who were alleged members of the Venezuelan gang Tren de Aragua. However, lawyers told the judge there were already two planes with illegal immigrants in the air – one headed for El Salvador, the other for Honduras.

The federal judge verbally ordered the planes be turned around, but they were not, and he did not include the directive in his written order.

Deputy Associate Attorney General Abhishek Kambli argued that it was too late to redirect the two planes that had left the U.S. by that time. “These are sensitive, operational tasks of national security,” he said.

“I’m just asking how you think my equitable powers do not attach to a plane that has departed the U.S., even if it’s in international airspace,” Boasberg said, according to The Associated Press.

Boasberg, an Obama appointee, called the hearing over the “possible defiance” of his court order.

Kambli said that only Boasberg's written order counted, which did not demand that the planes be turned around, and not his verbal order.

“That’s one heck of a stretch, I think,” Boasberg responded, noting that the administration knew when the planes departed that he was to hold a hearing on whether to temporarily halt the deportations.

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