In recent weeks, the Trump administration’s aggressive use of the 1798 Alien Enemies Act to deport migrants has erupted into a constitutional showdown over the separation of powers. The case of Salvadoran resident Kilmar Ábrego García stands out as a key flashpoint. By pressing ahead with removals despite federal court injunctions, the executive branch risks trampling judicial authority. It is veering into dangerous territory.
A Case That Shook the Courts
Kilmar Ábrego García, who fled El Salvador as a teenager and lived in Maryland for nearly 15 years without a criminal record, won a protective order in 2019 forbidding his deportation. Yet in March, he was sent to El Salvador under Trump’s expanded interpretation of the Alien Enemies Act—an action the administration later admitted was an “administrative error.”
Judge Boasberg’s Contempt Finding
U.S. District Judge James Boasberg blasted the administration for “willful disobedience” of his order halting these deportations. On April 16, he formally found “probable cause” to hold Trump officials in criminal contempt unless those wrongly removed—like Ábrego García—are promptly returned. This unprecedented move underscores how far the executive has pushed past judicial limits.
Separation of Powers at Risk
The Constitution vests “the judicial power” in the courts and “the executive power” in the president. By ignoring binding court orders and invoking a centuries‑old statute to override due process, the administration breaks this balance. When the executive refuses to comply with judicial injunctions, it renders the courts powerless—and invites a cycle of unchecked authority.
Entering Dangerous Territory
Advocates warn that setting aside court orders under broad wartime powers—even against alleged gang members—erodes fundamental rights for all. Today it’s Ábrego García; tomorrow, it could be any immigrant facing expedited removal without meaningful review. Legal scholars caution that this approach flirts with authoritarianism and harms the rule of law.
Final Thoughts
This fight over the Alien Enemies Act deportations isn’t just a procedural spat. It’s a test of whether America’s system of separated powers can withstand executive overreach. So, do you believe the administration crossed the line? Share your thoughts in the comments, and follow MEFeater for more on this unfolding constitutional crisis.
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