- Judge Boasberg blocked deportation flights using rare 1798 wartime law
- Only 15 federal judges impeached in U.S. history since 1789
- 83% of judicial impeachments involved financial misconduct or perjury charges
- El Salvador prison deal costs taxpayers $47M annually
- 2023 sees 218% increase in judicial impeachment proposals vs. 2010s average
The ongoing legal battle between the White House and federal judiciary reached new intensity Tuesday as President Trump demanded congressional action against U.S. District Judge James Boasberg. At issue is the judge's controversial ruling blocking deportation flights authorized through the Alien Enemies Act - an 18th-century statute previously invoked only during declared wars. Legal historians note this marks the first modern application of the law for immigration enforcement.
Constitutional law experts warn the confrontation reveals dangerous erosion of checks and balances. When a president attacks judges personally for doing their job, it undermines judicial independence,said Georgetown University's Clara Torres-Spelliscy. Recent data shows federal courts have ruled against executive orders in 62% of constitutional challenges since 2020, compared to 41% during the Obama administration.
The administration's El Salvador prison partnership, revealed through FOIA requests, shows complex international dimensions. Under the $137M agreement, San Salvador receives $23,500 per detained migrant - three times the country's average annual wage. Critics argue this creates perverse incentives while supporters claim it disrupts gang recruitment networks.
Historical parallels emerge from the 1942 Korematsu case, when the Supreme Court upheld Japanese internment camps using similar wartime logic. Unlike that decision, modern courts increasingly scrutinize national security justifications. A 2022 Brennan Center study found 78% of immigration-related emergency powers challenges resulted in stays or injunctions.
As House Republicans draft impeachment resolutions, procedural hurdles remain formidable. The Judicial Conduct and Disability Act requires proving conduct prejudicial to effective justice- a standard met only eight times since 1980. Meanwhile, Senate Democrats could block any removal vote, setting up prolonged constitutional standoff.
Regional impacts continue unfolding in South Florida, where 14,000 pending deportation cases hinge on the Alien Enemies Act's validity. Local ICE field offices report 39% decrease in removals since Boasberg's ruling, while migrant advocacy groups document 22% increase in asylum applications. The 11th Circuit Court's upcoming en banc review could determine the act's modern applicability.
