Court order halting deportation flights 'unconstitutionally impedes' executive branch, Trump allies argue

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FIRST ON FOX: America First Legal (AFL) and Texas GOP Rep. Brandon Gill are supporting President Donald Trump's invocation of a 1798 wartime law, arguing a previous order blocking Trump's deportation plans "unconstitutionally impedes" his presidential authority. 

U.S. District Judge James Boasberg came under fire this past week after blocking the Trump administration on Saturday from invoking the Alien Enemies Act (AEA) to deport Venezuelan nationals, including alleged members of the gang Tren de Aragua (TdA), for 14 days. 

In his order, Boasberg ordered any flights in the air to return to U.S. soil immediately.

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"This law was passed by Congress in 1798," America First Legal Senior Counsel James Rogers said in a statement released. "Until now - for more than 226 years - courts have universally held that they do not have the power to interfere with the President's authority as Commander in Chief to decide when to invoke the Act and expel aliens under its terms."

In its amicus filing, AFL states that Gill "believes that Tren de Aragua poses a clear and present danger to the United States," saying he supports the president's efforts to "neutralize this threat quickly and efficiently."

"He sees the President's use of the Enemy Aliens Act as vital to ensuring the safety of his constituents," the filing reads. 

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AFL argues that the AEA "confers on the President the power to invoke the Act's provisions in cases of invasion or predatory incursion," saying such authority is not reviewable by the courts. 

The filing notes the president's commander in chief post, as vested by the Constitution, saying that the AEA "statutorily grants the President wartime powers," and courts cannot appropriately "second-guess" the president's decisions and discretion over the AEA's implementation.

"At best, the Plaintiffs seek to use the federal courts to deliver a political victory," the filing reads. "There is no dispute that the Plaintiffs are here illegally. Enjoining implementation of the TdA Proclamation unconstitutionally impedes the President's ability to respond to national security threats."

"I am proud to join America First Legal in leading an amicus brief in support of the president's efforts to deport these violent Venezuelan illegals that have terrorized our communities for years," Gill told Fox News Digital in a statement. "His presidency has ushered in a new era of accountability, justice, and security for our nation."

On Thursday, Boasberg said the administration had missed a previously-set court deadline to disclose information on the deportation flights to El Salvador. Boasberg noted in an order issued that day that the government "again evaded its obligations" to submit the requested information even after he had allowed them to submit it under seal. 

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The filing they submitted hours after the deadline failed to answer his questions.

Boasberg said the court had received a six-paragraph declaration from a regional ICE office director in Harlingen, Texas, that stated Cabinet secretaries are "actively considering whether to invoke the state secrets [act] privileges over the other facts requested by the Court's order."

"This is woefully insufficient," Boasberg said. 

Following Boasberg's Saturday emergency order siding with the plaintiffs, Democracy Forward and the ACLU, Fox News Digital was first to learn that Gill had filed impeachment articles against Boasberg, saying at the time, "This is another example of a rogue judge overstepping his…authority."

"It's going to take more than a radical activist like Judge Boasberg to stop President Trump from carrying out the mandate of the American People," Gill told Fox News Digital in light of the amicus briefing filing. 

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Gill's resolution accuses Boasberg of abusing his power in levying an emergency pause on the Trump administration's deportation plans. 

The resolution text says the order "jeopardizes the safety of the nation, represents an abuse of judicial power, and is detrimental to the orderly functioning of the judiciary. Using the powers of his office, Chief Judge Boasberg has attempted to seize power from the Executive Branch and interfere with the will of the American people."

Fox News Digital's Breanne Deppisch and Elizabeth Elkind contributed to this report.