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

FIRST ON FOX: In a new amicus filing, America First Legal and GOP Rep. Brandon Gill argue in support of President Donald Trump's authority to invoke a 1798 wartime law as part of his immigration agenda.


Court order halting deportation flights 'unconstitutionally impedes' executive branch, Trump allies argue
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In his order, Boasberg ordered any flights in the air to return to U.S. soil immediately.

"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."

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

"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. 

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

"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. 

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

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

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