A federal judge’s order this week demanding that Venezuelan migrants who were deported to El Salvador be given a chance to return and contest their removals is a blatant example of judicial overreach that threatens the rule of law. Judge James Boasberg told the government it must either bring the men back to the United States or provide hearings that satisfy due process, effectively undermining executive discretion over immigration enforcement. The ruling applies to roughly 137 men removed earlier this year and the court gave the administration a deadline to outline a plan to comply.
This legal mess stems from the administration’s controversial March use of the centuries-old Alien Enemies Act to deport migrants accused of ties to the Tren de Aragua gang, a measure critics argued was a necessary, if unconventional, tool to protect Americans. The removals were rushed and secretive, involving flights to El Salvador and detention in notoriously brutal facilities, which created both humanitarian and security headlines. Now judges in multiple districts have been second-guessing policies that were designed to stop dangerous gang operatives from slipping back across the border.
Conservatives should be clear-eyed: court decisions that treat immigration enforcement as a political playground invite chaos at the border and encourage legal gamesmanship. Boasberg’s order gives the administration until early January to either facilitate returns or provide alternative hearings — a timeline that hamstrings law enforcement and sends a message that presidential proclamations can be undone in piecemeal court orders. This kind of back-and-forth only benefits smugglers and criminal networks that prey on weak enforcement and judicial activism.
Make no mistake, many of these migrants were accused by the government of being linked to transnational criminal gangs, and that allegation should not be swept away by a sympathetic bench without regard for public safety. The administration argued the group posed a real threat and moved to use emergency powers to stop the flow; courts now threatening to reverse those decisions risk releasing dangerous actors back into U.S. communities or tying the hands of officials who must act quickly. Conservatives will not stand by while the judiciary substitutes its judgment for those elected to defend the country.
The larger problem is that American voters are left watching a messy tug-of-war between the branches while border crises simmer and taxpayers pick up the tab. If judges are going to micromanage national security choices, Congress must act to clarify laws and restore clear authority to elected officials to protect Americans and close loopholes that allow litigation to override enforcement. This ruling should be a wake-up call for conservative lawmakers to craft durable reforms that prevent activist judges from nullifying commonsense immigration policies.
Patriotic Americans deserve secure borders and a legal system that respects separation of powers, not activist judges who substitute personal policy preferences for democratic accountability. Voters should demand that their representatives defend the authority of the executive to remove dangerous foreign actors and to fix antiquated statutes like the Alien Enemies Act so they cannot be manipulated in politically charged litigation. Until then, expect more courtroom interventions that undermine enforcement and put communities at risk — and remember who’s accountable at the ballot box.
