Trump Admin's Venezuelan Gang Deportation Case 'Likely Headed to the Supreme Court'

WASHINGTON, D.C. – President Trump is invoking a "state secret privilege" and refusing to provide any additional information to the D.C. District Court judge involved in the high-profile Venezuelan migrant deportation case.

Citing the Alien Enemies Act, an 18th-century wartime law, the Trump administration recently deported hundreds of reported Venezuelan gang members to El Salvador. As planes were in the middle of the trip, a federal judge ruled against the move, yet the administration continued the deportations, setting up this latest showdown.

"What we did, what was done by the Trump administration, was exactly in accordance with federal law, enacted by Congress and signed by the president. We aren't making this up, we're enforcing laws that are on the books," Border Czar Tom Homan said on ABC's This Week.

Judge James Boasberg ruled the Venezuelans deserved a court hearing before their deportations to determine whether they belonged to the violent Tren de Aragua gang. He has warned the Trump administration of consequences if evidence shows officials deliberately disobeyed his order.

Trump and certain cabinet members have been ramping up attacks, calling for Judge Boasberg to be impeached or disbarred.

"This is an out-of-control judge, a federal judge, trying to control our entire foreign policy, and he cannot do it," Attorney General Pam Bondi said recently on Fox News.

The Trump administration wants Boasberg's order reversed. A three-judge appeals court heard oral arguments in the case, Monday, appearing divided. One judge seemingly open to the administration's arguments, another remaining silent, while a third claimed that alleged Nazis in the U.S. during World War II were treated better than the Venezuelan migrants.

"People weren't given notice. They weren't told where they were going... Those people on those planes on that Saturday had no opportunity to file habeas or any type of action to challenge the removal," said Judge Patricia Millett during the hearing.

The appeals court intends to issue a ruling in the coming days, but Bondi says the Supreme Court will likely get the case.

"The Alien Enemies Act applies today, really more than ever. Old law is often the best law, the laws that have been on the books for a long time. We are in modern warfare. They have invaded our country, TDA, Tren de Aragua. They are organized, they have a command structure, they are sending money to each other, throughout the country, and out of the country, back to support their terrorist actions," Bondi said.

The Trump administration plans to continue arresting people as this plays out in court, and DHS Secretary Kristi Noem is scheduled to visit Central America this week, including the El Salvador prison housing those Venezuelan migrants.

"We're going to keep targeting the worst, of the worst, which we've been doing since day one, and deporting from the United States through the various laws on the books," said Homan.

President Trump also announced a 25 percent tariff on any country that purchases oil and/or gas from Venezuela and then pursues trade with the U.S. The president wrote on Truth Social, this is in response to Venezuela purposefully sending Tren de Aragua gang members to the United States.