
In a stunning rebuke to judicial overreach, the Trump Administration refuses to bring back a deported MS-13 gang member, essentially telling Judge Paula Xinis she has no authority to order violent criminals back into American communities.
At a Glance
- The Trump Administration is challenging a judicial order requiring the return of MS-13 affiliate Kilmar Abrego Garcia to the US after his deportation
- The Department of Justice argues bringing back deported violent gang members is beyond judicial authority and against public interest
- The case is part of a broader conflict involving deportations under the 1798 Alien Enemies Act, with multiple judges weighing in
- The dispute highlights fundamental tensions between executive authority on immigration enforcement and judicial oversight
Judges Demanding the Return of Gang Members
Just when you thought our immigration crisis couldn’t get more absurd, federal judges are now demanding the Trump Administration return deported gang members to American soil. In a move that defies both common sense and basic national security concerns, Judge Paula Xinis ordered the return of Kilmar Abrego Garcia, an individual with MS-13 gang affiliations who was already successfully removed from the country. The Justice Department filed an emergency stay, pointing out the obvious – returning violent criminals to the United States is not in the public interest and exceeds judicial authority.
The administration’s legal team didn’t mince words in their response, essentially telling the judge she lacks jurisdiction to order foreign countries around. White House spokeswoman Karoline Leavitt delivered a blistering take on the absurdity of the situation, saying, “We suggest the Judge contact [El Salvador’s] President [Nayib] Bukele because we are unaware of the judge having jurisdiction or authority over the country of El Salvador.”
🚨🇺🇸 REP. BRANDON GILL: I WILL BE FILING ARTICLES OF IMPEACHMENT AGAINST JUDGE BOASBERG
Rep. Brandon Gill announced he will file articles of impeachment against Judge James Boasberg after the judge blocked Trump from using the Alien Enemies Act to deport Venezuelan nationals.… https://t.co/iBLg4GsAVa pic.twitter.com/JbPGeqQzON
— Mario Nawfal (@MarioNawfal) March 16, 2025
Constitutional Showdown Over Executive Authority
This case represents just one skirmish in a larger battle over Trump’s deportation policies. The administration invoked the Alien Enemies Act of 1798, a law last used during World War II, to expedite the removal of Venezuelan immigrants allegedly linked to violent gangs like Tren de Aragua, which the administration classifies as an invading force. The Justice Department argues that judicial interference in these national security matters constitutes “grave encroachments on core aspects of absolute and unreviewable Executive Branch authority relating to national security, foreign relations, and foreign policy.”
“Lifting the injunctions risks exiling plaintiffs to a land that is not their country of origin”, says Judge Karen LeCraft Henderson.
Notice how Judge Henderson’s concern focuses entirely on the comfort of foreign nationals accused of gang activity, without a single mention of the Americans victimized by violent gangs. This is the upside-down world we’re living in – where federal judges show more concern for criminal aliens than for law-abiding citizens. Meanwhile, U.S. District Judge Jeb Boasberg has demanded detailed information about deportation flights while hiding behind claims of “state secrets” when it’s convenient for his agenda.
Impeachment Calls and Judicial Power Grabs
The ongoing clash has led President Trump and his allies to call for Boasberg’s impeachment, a response that Supreme Court Chief Justice John Roberts predictably dismissed as “inappropriate.” What’s truly inappropriate is the judiciary’s blatant power grab, with unelected judges effectively dictating immigration policy from the bench. When El Salvador’s President Bukele announced that deportees had already arrived in his country, Boasberg continued pressing for flight details, manifests, and other information that falls squarely within executive authority.
The Trump administration is fighting back against this judicial overreach by invoking legal protections for executive national security decisions. At what point do we acknowledge the absurdity of a system where judges can unilaterally block the deportation of criminal gang members while Americans suffer the consequences of open borders? The Constitution grants the executive branch primary authority over immigration enforcement for good reason – the President, not federal judges, is accountable to voters for keeping communities safe from foreign threats.
Common Sense vs. Judicial Activism
What’s ultimately at stake here is whether America has the right to deport dangerous foreign nationals who have no legal claim to be here. The Justice Department’s request for an emergency stay represents a defense of basic sovereignty and public safety. It shouldn’t be controversial to say that once a violent gang member has been deported, judges shouldn’t have the power to order their return. This legal battle exposes how far judicial activism has gone – to the point where successfully deporting MS-13 affiliates is now considered a problem requiring judicial intervention rather than a victory for American communities.