A U.S. judge on Monday ordered Trump administration officials to explain whether the administration violated his order when they deported hundreds of Venezuelan gang members over the weekend and potentially set up a constitutional clash between the president and the federal judiciary.
The White House asserted on Sunday that federal courts "have no jurisdiction" over President Donald Trump's authority to expel foreign enemies under an 18th-century law historically used only in wartime.
Judge James Boasberg in Washington set a hearing for 5 p.m. ET on Monday and instructed the government to provide details on whether the flights that transported the Venezuelans to El Salvador took off after his order or were in the air at the time.
The hearing was scheduled in response to an overnight filing by the American Civil Liberties Union and other advocates seeking clarity on the flights.
The rapid developments represent a potential escalation in Trump's challenge to the U.S. Constitution's system of checks and balances and the independence of the judicial branch of government.
At an emergency hearing on Saturday requested by the ACLU, a civil rights group, Boasberg issued a two-week temporary block on Trump's use of the Alien Enemies Act of 1798 to deport 238 alleged members of Tren de Aragua, a Venezuelan gang.
The judge said in court that any flights already en route should return to the U.S. His written order following the hearing appeared in the court's online docket at 7:26 p.m. ET, the Justice Department said in a court filing.
On Sunday, El Salvador's president, Nayib Bukele, posted footage on X showing men being pulled off a plane in the dark of night.
"Oopsie ... too late," Bukele wrote above a news story about the judge's order.
White House press secretary Karoline Leavitt issued a statement on Sunday denying the administration had violated Boasberg's order, while also questioning his power to issue it.
"A single judge in a single city cannot direct the movements of an aircraft ... full of foreign alien terrorists who were physically expelled from U.S. soil," Leavitt said.
The flights suggest the Trump administration may be growing more brazen in its defiance of judicial restraint. The U.S. Constitution established the judiciary as a co-equal and independent branch of government.
Trump has sought to push the boundaries of executive power since taking office in January, cutting spending authorized by Congress, dismantling agencies and firing tens of thousands of federal workers.
On Monday, Trump's border czar, Tom Homan, said the flights were already in international airspace when the judge's orders came and that more flights would continue.
"Once you're outside the border, you know, it is what it is. But they're in international waters, already on the way south, close to landing. You know what? ... We did what we had to do," he told Fox News' "Fox & Friends" program.
Asked what was next, Homan said: "Another flight, another flight every day."
"We're not stopping. I don't care what the judges think," he added.
With the Republican-controlled Congress largely backing Trump's agenda, federal judges have often been the only constraint on his executive actions, putting many on hold while they consider their legality.
In some cases, advocacy groups have said the administration is refusing to comply with judicial orders.
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