The Supreme Court's ruling last week on nationwide injunctions marks a pivotal moment in a months-long legal and political battle over deportations that has tested the boundaries of executive power. In March 2025, a fierce debate erupted when Federal Judge James Boasberg issued a controversial injunction halting President Trump's deportation of suspected Tren de Aragua (TdA) and MS-13 gang members.
Judge Boasberg’s order blocked the administration from utilizing the rarely-invoked Alien Enemies Act of 1798, which President Trump had employed to declare TdA members "alien enemies" subject to immediate removal. In his March 14 proclamation, Trump asserted that TdA had "infiltrated" the United States, was conducting "irregular warfare," and was acting under the direction of Venezuela's Maduro regime – justifications the administration claimed necessitated swift action without typical immigration proceedings.
Judge Boasberg's nationwide injunction prevented the government from removing both five individual Venezuelan plaintiffs who denied TdA membership and a subsequently certified class of all noncitizens in custody subject to the proclamation. The decision immediately ignited fierce backlash from administration supporters, with Republican lawmakers accusing Boasberg of judicial overreach. Some went further, introducing articles of impeachment against the judge, arguing that his decision represented an unacceptable intrusion on executive authority in national security matters.
Tensions escalated when the Trump administration made a startling admission in a court filing. It had mistakenly deported Kilmar Abrego-Garcia, a Maryland father and El Salvadoran native who was most likely not affiliated with TdA or MS-13. In a 2019 removal proceeding, Abrego-Garcia was denied asylum status because he missed the application deadline by 6 years. Instead, the court granted him withholding of removal. (See below.) This order is not a right to remain in the U.S. Instead, it barred the government from deporting Abrego-Garcia to a specific country.
2019 Removal Proceedings Order for Kilmar Armando Abrego-Garcia, Source: Judicial Overreach and Constitutional Limits on the Federal Courts Congress.gov on 4/15/2025
The order specified Guatemala. However, could the withholding of removal extend to El Salvador since he was born there? Despite acknowledging this "administrative error," government attorneys argued that U.S. courts lacked jurisdiction to order his return from the El Salvadoran prison where he was detained, claiming the president's "primacy in foreign affairs" outweighed the interests of Abrego-Garcia and his family.
The controversial deportation program and judicial response have quickly become the focal point of Congressional hearings, media coverage, and public debate. This legal battle highlights a fundamental tension in America's constitutional system: balancing the executive branch's responsibility to protect national security with the judiciary's duty to uphold constitutional protections. Both sides recognize the stakes extended beyond immigration policy to core questions about separation of powers and the scope of presidential authority in the face of perceived threats to the homeland.
Fleeing Violence, Facing Fear: The Human Toll
The irony of the case is that individuals like Kilmar Abrego-Garcia fled their home countries to escape the very violence they were later accused of perpetrating. While Abrego-Garcia allegedly sought refuge from gang threats in El Salvador only to be mistakenly labeled a gang member himself, countless American citizens found themselves under siege from similar criminal organizations in their own communities.
[Writer’s Update on 4/22: DHS released an investigative report on April 18 that cited a suspicious 2022 traffic stop where Kilmar Abrego-Garcia had eight passengers, no luggage, and shared addresses—circumstances authorities deemed indicative of human trafficking. The report also alleges law enforcement identified him as a confirmed MS-13 member, though this claim remains disputed by his family and legal representatives]
The human impact of gang activity was vividly illustrated during a House Judiciary Committee hearing by Cindy Romero, a former resident of Aurora, Colorado. Romero's testimony to the House Judiciary Committee provided lawmakers with a visceral firsthand account of life under the shadow of transnational gangs. Romero described how members of Tren de Aragua overtook her once-peaceful apartment complex. Their parallel experiences with gang intimidation—Abrego-Garcia in his homeland and Romero in her Aurora apartment complex—illustrate the complex human dimensions of the immigration debate that often get lost in political rhetoric.
"Open-air drug use, drug dealers, and seemingly underage prostitutes filled the common areas of the buildings," Romero testified. "Loud parties in the parking lots lasted well into the morning; stolen and abandoned vehicles blocked residents' cars, property damage was evident, and random shoot-outs soon began to be expected on our block every night."
Despite numerous calls to local police, Romero said authorities often provided "conflicting excuses for not responding." After purchasing additional firearms for protection and enduring months of intimidation, Romero and her husband were eventually forced to flee their home.
According to intelligence reports described in Miami Herald reporting, TdA represents a significant threat. A team of former U.S. officials and Venezuelan sources identified approximately 1,800 gang members believed to have been sent to the United States, including 300 who allegedly received paramilitary training in Venezuela.
"They are not just criminals sent to cause havoc. They are soldiers sent in an asymmetric warfare operation against the United States," one source told the Herald. TdA members were reportedly tasked with establishing drug distribution networks in major U.S. cities, filling the void created by crackdowns on other gangs like MS-13.
Debating Judicial Limits: Republicans Cry Overreach, Democrats Defend Checks
The House Judiciary Committee convened a hearing titled "Judicial Overreach and Constitutional Limits on the Federal Courts" to examine the broader implications of nationwide injunctions. In addition to Aurora resident Cindy Romero, the witness panel featured former Speaker Newt Gingrich, Heritage Foundation scholar Paul Larkin, and University of Pennsylvania law professor Kate Shaw. Spanning over four hours, the session covered extensive ground. For the full experience, watch the hearing in its entirety.
At times, the hearing became a forum for broader grievances about judicial activism from both parties. When Republicans criticized Judge Boasberg's intervention, Democrats quickly noted that their colleagues had celebrated nationwide injunctions when they blocked Biden administration policies on student loan forgiveness and environmental regulations.
Tensions escalated when Representative Jim Jordan questioned Professor Shaw about her previous support for expanding the Supreme Court. Shaw had endorsed this idea after the Dobbs decision that overturned Roe v. Wade, a position that aligned with AOC's formal articles of impeachment filed against Justices Thomas and Alito in July 2024 over alleged ethics violations. These Democratic moves to curb conservative judicial influence contrasted with their defense of Judge Boasberg.
"You support packing the court when decisions come down that you don't like," Jordan charged. "Is that not the same thing you're accusing Republicans of doing now with these judges?"
Republican Perspective
Republicans framed the issue as a judicial overreach threatening the separation of powers. Their key arguments included:
Democratic accountability: Unelected judges should not override the president's authority to protect Americans. As Committee Chairman Jim Jordan stated, "Who decides? Is it the guy whose name was on the ballot, or is it some bureaucrat? Is it the guy who got 77 million votes, or some district judge?"
Constitutional interpretation: Paul Larkin argued that nationwide injunctions violate Article III of the Constitution by exceeding courts' authority to resolve specific cases and controversies. "Federal courts may use an injunction to remedy only the injury suffered by the parties, not the nation," Larkin testified.
Historical precedent: Gingrich emphasized that nationwide injunctions were rare until the 1960s. "For 180 years of our nation, there were no such injunctions," he noted, arguing that the current practice contradicts the founders' design.
Public safety concerns: Republicans pointed to Romero's testimony as evidence that judicial interference with deportations endangers Americans. "These are people who are murdering and raping and pillaging American citizens on American soil," Representative Brandon Gill stated.
Democratic Perspective
Democrats defended the judiciary’s role as a check on executive power, with Shaw noting that judges appointed by both parties had ruled against Trump, indicating a constitutional rather than partisan issue. Their key arguments included:
Rule of law: Professor Shaw emphasized that "no one, including the president, is above the law," arguing that courts must review executive actions for compliance with statutes and the Constitution.
Due process: Democrats stressed that non-citizens deserve basic due process protections, pointing to the case of Abrego-Garcia as evidence of the dangers of hasty deportations without proper hearings.
Judicial independence: Representative Zoe Lofgren, quoting Senator Chuck Grassley, warned against impeaching judges over their rulings: "You can't impeach a judge because you disagree with their opinion."
Common Ground and Ongoing Disputes
Despite deep divides, both sides agreed that violent criminal gang members should be deported and that the modern use of nationwide injunctions has grown significantly. They also recognized issues with forum shopping and the need for consistent legal processes.
However, profound disagreements remained on several key issues:
Political motivation: Republicans viewed the judiciary's actions as primarily partisan, noting that 92% of injunctions against Trump were issued by Democrat-appointed judges. Democrats countered that judges across the political spectrum had ruled against Trump.
Executive authority: Republicans argued for substantial deference to the president's national security determinations, while Democrats emphasized congressional authority over immigration law.
Due process requirements: The parties diverged on whether expedited removal was appropriate for suspected gang members or if individualized hearings were constitutionally required.
Burden of proof: A fundamental disagreement emerged over whether individuals should have to prove they're not gang members or if the government must provide substantial evidence before deportation.
From Congress to the Court: Calls for Reform
Several recommendations emerged from the hearing:
Legislative action: The "No Rogue Rulings Act," which would limit nationwide injunctions to affect only parties in the case, was proposed as an immediate solution.
Supreme Court reform: Newt Gingrich suggested that Chief Justice Roberts could establish a rule requiring nationwide injunctions to be immediately reviewed by the Supreme Court.
Procedural safeguards: Some witnesses recommended stricter application of class action requirements and proper bonds for nationwide injunctions.
Venue reforms: Addressing forum shopping and single-judge districts was suggested as a bipartisan reform area.
The Supreme Court Steps In: Due Process Upheld, Deportations Unblocked
The decision was narrowly decided with a 5-4 vote. Chief Justice Roberts and Justices Thomas, Alito, Gorsuch, and Kavanaugh formed the majority, while Justices Sotomayor, Kagan, Jackson, and Barrett (who joined only parts of the main dissent) dissented.
The Supreme Court vacated temporary restraining orders that had blocked the deportation of Venezuelan nationals alleged to be members of Tren de Aragua. In its ruling, the Court determined that challenges to removals under the Alien Enemies Act must be brought as habeas corpus petitions in the district where individuals are detained (Texas), not as a class action in Washington D.C.
While the government secured a victory in having the restraining orders lifted, the Court imposed significant due process requirements. The ruling mandates that individuals must receive proper notice of their pending removal, be given reasonable time to seek judicial review, and have the opportunity to file habeas petitions before deportation occurs. The Court affirmed that all persons, regardless of immigration status, are entitled to these basic procedural protections.
The Court struck a balance between executive authority and judicial oversight. It allowed President Trump's proclamation to remain in effect, preserving the executive branch's ability to identify and remove alleged members of foreign terrorist groups. However, the Court rejected any notion of unreviewable executive power by explicitly guaranteeing judicial review of whether individuals are actually members of Tren de Aragua and whether the Alien Enemies Act is being properly applied.
This approach mirrored Gingrich's suggestion during the House hearing that the Supreme Court establish clearer guidelines for nationwide injunctions rather than eliminating them entirely. For legal observers, the ruling represented a pragmatic attempt to balance competing constitutional imperatives while providing a framework for future cases where executive action and judicial oversight inevitably collide.
The dissenting justices argued that the Court intervened prematurely and expressed concern about the humanitarian consequences of rushed deportations. Justice Sotomayor's emphasized the case of Abrego-Garcia, arguing that his mistaken deportation demonstrated the very dangers of inadequate procedural safeguards that the district court had attempted to address. She also questioned whether individuals could realistically secure legal representation and file separate habeas petitions in time to prevent their removal.
The Ongoing Tension: Security vs. Justice
The controversy over nationwide injunctions and deportation policy reflects deeper tensions in America's constitutional democracy. While the immediate legal questions are addressed, the underlying issues of balancing security with due process continue to challenge the nation.
As the case of Kilmar Abrego-Garcia demonstrates, people’s lives hang in the balance of these legal and political disputes. His story—a father with protected status mistakenly sent to a foreign prison with no clear path for return—serves as a reminder of what is at stake when systems designed for security fail to protect the innocent.
The debate over nationwide injunctions likely represents just one battle in an ongoing struggle to define the proper relationship between America's branches of government and the limits of executive power in the face of perceived national security threats. As the Supreme Court weighs in, both sides will continue searching for the elusive balance between security imperatives and the constitutional principles that have defined American justice for over two centuries.
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