The Trump administration is escalating its fight with the federal judiciary by refusing to comply with an immigration court order tied to deportations under the Alien Enemies Act. The Justice Department argues the courts cannot compel the executive on national security decisions. The dispute is shaping up as a defining separation-of-powers battle in Trump’s second term. A return to the Supreme Court appears likely.
Trump’s DOJ defied a federal judge’s order on deported Venezuelan migrants, citing national security and legal limits. The clash over the Alien Enemies Act is headed back toward the Supreme Court. #ImmigrationDebate #AlienEnemiesAct #SeparationOfPowers #SCOTUS #Trump pic.twitter.com/JBYfIXsujl
— Matthew Brady (@mattbrady775) February 9, 2026
- The Trump administration refused to comply with a federal court order requiring due process for 252 Venezuelan migrants deported in March 2025 to a maximum-security prison in El Salvador.
- Deportations were carried out under the Alien Enemies Act of 1798, despite an emergency order from James Boasberg to halt or reverse the flights.
- The Justice Department said returning the migrants or facilitating hearings abroad is legally impossible and poses national security risks.
- The Supreme Court previously ruled in the administration’s favor on invoking the Alien Enemies Act, but Judge Boasberg later ordered the government to “facilitate” due process.
- DOJ lawyers said they will immediately appeal and seek a stay if the court issues an injunction, framing the dispute as a separation-of-powers conflict.
