James Boasberg, incoming chief judge of the US District Court, in Washington, DC, US, on Monday, March 13, 2023.
Valerie Plesch | Bloomberg | Getty Images
President Donald Trump called Tuesday for the impeachment of a federal judge who has issued orders blocking Trump’s plan to deport any more alleged members of a Venezuelan gang from the United States.
Trump’s demand came a day after the Department of Justice asked an appeals court to remove Chief Judge James Boasberg from the case, and separately asked Boasberg to vacate his orders in U.S. District Court in Washington, D.C.
Boasberg is presiding over a lawsuit filed by the American Civil Liberties Union and the advocacy group Democracy Forward challenging the deportations, which the Trump administration argues are authorized under the wartime Alien Enemies Act.
“This Radical Left Lunatic of a Judge, a troublemaker and agitator who was sadly appointed by Barack Hussein Obama, was not elected President,” Trump wrote in a Truth Social post.
“He didn’t WIN the popular VOTE (by a lot!), he didn’t WIN ALL SEVEN SWING STATES, he didn’t WIN 2,750 to 525 Counties,” Trump wrote, referring to his own accomplishments of those benchmarks in the 2024 election. “HE DIDN’T WIN ANYTHING!”
Trump said that he had won the presidential election “for many reasons” but suggested that fighting illegal immigration “may have been the number one reason.”
“This judge, like many of the Crooked Judges’ I am forced to appear before, should be IMPEACHED!!!” the president wrote.
“WE DON’T WANT VICIOUS, VIOLENT, AND DEMENTED CRIMINALS, MANY OF THEM DERANGED MURDERERS, IN OUR COUNTRY. MAKE AMERICA GREAT AGAIN!!!”
Boasberg on Saturday issued two orders enjoining Trump from deporting aliens detained in immigration proceedings who are allegedly associated with the Tren de Aragua gang, which the U.S. has designated as a foreign terrorist organization.
In a court filing Monday night, the DOJ said Boasberg “lacks jurisdiction because the presidential actions they challenge are not subject to judicial review.”
The Justice Department in the same filing challenged Boasberg’s power to order DOJ lawyers to produce information about the deportations of hundreds of alleged Tren de Aragua members over the weekend to Central America.
At a hearing earlier Monday, a top DOJ lawyer refused to answer Boasberg’s questions about the deportations, citing national security concerns.
The judge has given the DOJ until Tuesday afternoon to respond to questions about its actions, including whether any deportation flight departed the U.S. on Saturday night after he issued his order.
Critics of Trump’s deportation effort have questioned how his administration determined who is a member of the gang.
In a declaration filed Monday with the court, the acting field office director of enforcement and removal operations of U.S. Immigration and Customs Enforcement wrote, “Agency personnel carefully vetted each individual alien to ensure they were in fact members of TdA.”
The acting director, Robert Cerna, wrote that “It was critical to remove TdA members subject to the [deportation] Proclamation quickly.”
“Keeping them in ICE custody where they could potentially continue to recruit new TdA members posed a grave risk to ICE personnel; other, nonviolent detainees; and the United States as a whole,” Cerna said.
“Holding hundreds of members of a designated Foreign Terrorist Organization, where there is an immediate mechanism to remove them, would be irresponsible.”
“While it is true that many of the TdA members removed under the AEA do not have criminal records in the United States, that is because they have only been in the United States for a short period of time,” Cerna wrote.
“The lack of a criminal record does not indicate they pose a limited threat. In fact, based upon their association with TdA, the lack of specific information about each individual actually highlights the risk they pose. It demonstrates that they are terrorists with regard to whom we lack a complete profile.”