A coalition of 26 state attorneys general is urging the D.C. Circuit to lift a restraining order blocking the deportation of Tren de Aragua gang members, while the DOJ separately appeals a court order requiring it to disclose deportation details, citing presidential authority over national security and immigration.
The restraining order was issued Saturday evening by Chief Judge James Boasberg of the U.S. District Court for the District of Columbia, blocking the removal of all noncitizens affected by President Trump’s invocation of the Alien Enemies Act of 1798. The Trump administration quickly appealed to the D.C. Circuit Court after Boasberg ordered planes en route to Central America to turn around. The administration contends that by the time the order was issued, at least one flight had already left U.S. airspace and landed in El Salvador, complying with the law.
Led by Virginia Attorney General Jason Miyares and South Carolina Attorney General Alan Wilson, the amicus brief is joined by attorneys general from 24 other states, including Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kansas, Kentucky, Louisiana, Mississippi, Missouri, Montana, Nebraska, North Dakota, Ohio, Oklahoma, Pennsylvania, South Dakota, Tennessee, Texas, Utah, and West Virginia.
The attorneys general argue that maintaining the restraining order endangers public safety and national security. Their brief defends Trump’s executive order, asserting that the president has “clear constitutional and statutory authority” to remove Tren de Aragua members, and accuses the district court of overstepping its bounds.
“The core duty of government is to protect its citizens,” Miyares stated. “The President, acting within his constitutional and statutory authority, did just that by ordering the removal of TdA gang members who have no legal right to be in this country and pose a direct threat to Americans’ safety.” He described Tren de Aragua as a violent transnational criminal organization responsible for “heinous crimes across the United States.”
The legal battle over the deportations comes as Rep. Brandon Gill, R-Texas, has introduced articles of impeachment against Boasberg, who was appointed by former President Barack Obama.
Meanwhile, the Justice Department is pushing back against a separate court order requiring it to disclose details about the timing of the deportations. In an emergency filing Wednesday morning, Attorney General Pam Bondi and top DOJ officials asked Boasberg to pause his request for classified details, arguing that complying could compromise national security.
“The pending questions are grave encroachments on core aspects of absolute and unreviewable Executive Branch authority relating to national security, foreign relations, and foreign policy,” the DOJ wrote.
The administration is also considering invoking the state secrets privilege to block further disclosure of information about the flights. Boasberg had ordered the government to submit answers under seal by noon Wednesday, detailing when the deportation planes left U.S. soil and when individuals were formally transferred out of U.S. custody. The DOJ’s last-minute request seeks to delay or eliminate that requirement as the legal fight continues.
Read the press release from the Attorney General of Virginia here.
