THE WHITE HOUSE is openly challenging court orders as it seeks to carry out its mass deportation efforts, igniting a power struggle between the executive and judicial branches of government.
The Trump administration moved swiftly over the weekend to deport hundreds of immigrant gang members after President Trump invoked emergency war powers under the rarely-used Alien Enemies Act of 1798.
U.S. District Judge James Boasberg ordered the administration to halt those deportations for 14 days in response to a lawsuit filed by Democracy Forward and the American Civil Liberties Union (ACLU).
Boasberg verbally ordered the administration to have flights with Venezuelan migrants turn around and fly back to the U.S.
However, the flights continued to their destination in El Salvador, with the White House claiming the planes were outside "U.S. territory" by the time the judge made his written order for the planes to turn around.
"All of the planes subject to the written order of this judge departed U.S. soil, U.S. territory before the judge's written order," White House press secretary Karoline Leavitt said Monday.
"There are questions over whether a verbal order carries the same weight…as a written order, and our lawyers are determined to ask and answer those questions in court," she added.
The ACLU disputed the White House's argument in a court filing:
"Based on publicly available information, it appears that there were at least two flights that took off during the hearing but landed even after this Court's written Order, meaning that Defendants could have turned the plane around without handing over individuals."
Boasberg set a hearing for Monday evening to weigh whether the administration defied his order.
The Trump administration has appealed Boasberg's ruling, which could be on a fast track to the Supreme Court.
Trump's border czar Tom Homan added fuel to the fire, indicating the administration would flaunt court orders to grant due process to those the U.S. is seeking to deport.
"I don't care what the judges think," Homan said.
The Trump administration has been on a collision course with the federal judiciary, with Trump, Elon Musk and GOP lawmakers seething at what they view as judicial overreach.
Democrats and court watchers are warning about a creeping Constitutional crisis around what they view as the Trump administration defying the orders of an independent branch of the government.
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