Update - 3/24 12:30pm (EST): Judge Boasberg has released a 37-page order, stating that his original order blocking the use of the Alien Enemies Act of 1798 should remain in place, giving immigrants the opportunity to challenge accusations against them.
Update - 3/21 11:53am (EST): Judge Boasberg “scolded the department in a stern order on Thursday for having “evaded its obligations” to provide him with data about the flights.” “A hearing has been set for Friday afternoon to debate whether a federal judge in Washington acted correctly when he temporarily stopped the Trump administration last weekend from summarily deporting scores of Venezuelan immigrants under a powerful but rarely invoked wartime statute.”
Update - 3/19 1:18pm (EST) : Judge Boasberg has extended his deadline for information about deportations from the DOJ until Thursday 3/20 at noon.
This information is updated as of 10:16pm (EST) on Tuesday, March 18th.
By now we’ve all been hit with the ever-changing timeline of Trump’s attempt to invoke an 18th Century act of war, the mass deportations that followed, and the fight between the Department of Justice (DOJ) and one federal court judge over whether a verbal order holds as much weight as ink on paper. This story isn’t over, but let’s look at it chronologically to see if we can make heads or tails of yet one more unprecedented circumstance in the decades’-long weeks of Trump’s second term.
FRIDAY, MARCH 14TH:
Donald Trump quietly invokes the Alien Enemies Act of 1798 to counter the "invasion" by the Venezuelan Tren de Aragua (TdA) Gang.
ICE begins rounding up nearly 250 male Venezuelan immigrants, dressing them in white uniforms, and boarding them on three planes, GlobalX Flights 6143, 6145, and 6122.
SATURDAY, MARCH 15TH:
The Trump Administration formally issues a proclamation about said invocation.
5:26pm (EST) - GlobalX Flight 6143 departs from Harlingen, TX - 3 hour flight path
5:44pm (EST) - GlobalX Flight 6145 departs from Harlingen, TX - 3 hour flight path
6:48pm (EST) - Judge James Boasberg verbally directs the U.S. government to turn the planes around, blocking the use of the Alien Enemies Act of 1798.
One plane is flying over Mexico, the other over the Gulf of Mexico, and a third is still on the ground in Texas.
“You shall inform your clients of this immediately, and that any plane containing these folks that is going to take off or is in the air needs to be returned to the United States however that is accomplished. Make sure it's complied with immediately." - Judge James Boasberg
7:26pm (EST) - Judge Boasberg issues a written order
1 plane is over Honduras, the other over Mexico, and the third is still on the ground in Texas.
7:36pm (EST) - GlobalX Flight 6122 departs from Harlingen, TX - 3 hour flight path
Unknown - All 3 planes land at Soto Cano Air Base in Hondurus for several hours
11:39pm (EST) - 1st plane leaves Honduras
11:43pm (EST) - 2nd plane leaves Honduras
SUNDAY, MARCH 16TH:
- 12:10am (EST) - 1st plane arrives in El Salvador
- 12:18am (EST) - 2nd plane arrives in El Salvador
- 12:39am (EST) - 3rd plane leaves Honduras
- 1:08am (EST) - 3rd plane arrives in El Salvador
- 7:46am (EST) - President Nayib Bukele of El Salvador tweets "too late" in response to Judge Boasberg’s orders, oral and written.
8:13am (EST) - President Bukele posts heavily-produced video of prisoners arriving in El Salvador, which is then retweeted by U.S. Secretary of State Marco Rubio, thanking him for his “assistance and friendship.”
MONDAY, MARCH 17TH
"We are going to make this country safe again ... I'm proud to be a part of this administration. We are not stopping. I don't care what the judges think. I don't care what the Left thinks." - Tom Homan, Border Czar
“All of the planes subject to the written order of this judge departed U.S. soil, U.S. territory, before the judge’s written order. There’s actually questions about whether a verbal order carries the same weight as a legal order, as a written order. Our lawyers are determined to ask and answer those questions in court.” - Karoline Leavitt, Press Secretary
5:00pm (EST) - Judge Boasberg holds a hearing on whether the White House violated his order.
Judge Boasberg orders a response from the DOJ by noon on Tuesday, March 18th, specifically asking for a sworn declaration that the third flight was covered by his order.
TUESDAY, MARCH 18TH
The DOJ refuses to give Judge Boasberg answers, citing it would "disclose sensitive information bearing on national security and foreign relations."
Boasberg directs the U.S. government to respond to his questions in a sealed court filing by Wednesday, March 18th.
Donald Trump calls on Congress to impeach Judge Boasberg in a Truth Social post.
Chief Justice John Roberts rebukes Donald Trump's call for impeachment.
"For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose." - Chief Justice John Roberts
A few notes:
Roughly 700,000 Venezuelan immigrants live in the United States, 600 of which (.09%), according to the DOJ, are members of TdA.
The Alien Enemies Act of 1798 allows for arrest and deportation without due process.
According to the Alien Enemies Act of 1798, the rules apply only "whenever there shall be a declared war between the United States and any foreign nation or government." (we are not at war)
There is no verification that any of the roughly 250 men deported to El Salvador were members of TdA, and there are rumors that many were singled out for their tattoos.
Most judges make their rulings orally before issuing a written order, both holding the same weight.
Judge Boasberg issued his written order approximately 10 minutes before the third plane left U.S. soil
The Alien Enemies Act of 1798
Ellie is an author, editor, and owner of Red Pencil Transcripts, and works with filmmakers, podcasts, and journalists all over the world. She lives with her family just outside of New York City.
This is shameful should be illegal. The people doing this need to be prosecuted!!!
Ok. What is the mechanism to enforce this? ABA collectively— speak up!