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OPINION

Obama Judge Sides With Criminals And Against America

The opinions expressed by columnists are their own and do not necessarily represent the views of Townhall.com.
Obama Judge Sides With Criminals And Against America
AP Photo/Moises Castillo

Another day, another unelected activist judge playing constitutional hopscotch with America’s safety. This time, Judge James Boasberg, an Obama appointee (because, of course, he is), has decided that foreign gang members—yes, actual criminals with suspected ties to violent Venezuelan crime syndicates—deserve a golden parachute back into the U.S. after President Trump rightfully ordered them deported.

You read that right. Deportation flights were in the air—mid-flight—when this robe-wearing tyrant waved his gavel and ordered them to turn around and come back. This isn’t just judicial activism; it’s judicial insanity.

Now, before the pearl-clutching media gasps about "Trump defying the courts," let’s actually talk about the law—something Judge Boasberg clearly hasn’t read lately.

The Alien Enemies Act of 1798 is as clear as it gets. It explicitly grants the President the authority to detain, relocate, or deport foreign nationals from a country deemed a threat to the United States. The law does not require a formal declaration of war—just a national security justification determined by the executive branch.

Let’s get specific:

“50 U.S.C. § 21: Whenever there is a declared war between the United States and any foreign nation or government, or any invasion or predatory incursion is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation…all natives, citizens, denizens, or subjects of the hostile nation…shall be liable to be apprehended, restrained, secured and removed as alien enemies.”

Translation? The Act gives the President the final say, and no legal asterisk says, “Unless Judge Boasberg doesn’t like it.”

Trump isn’t using this law on law-abiding Venezuelans who are here on student visas or starting businesses. He’s using it to deport criminals tied to gangs like Tren de Aragua—a group so dangerous that Interpol has flagged it as a violent international crime syndicate involved in drug trafficking, human smuggling, and murder.

Yet, Boasberg decided that the safety of American citizens must take a backseat to the comfort of violent foreign criminals.

There’s another problem: Judge Boasberg has no constitutional authority to make immigration policy. As multiple Supreme Court decisions have reaffirmed, that power resides with Congress and the President.

Let’s take a trip down case law memory lane:

- Trump v. Hawaii (2018) – The Supreme Court ruled that the executive branch has broad discretion in determining who enters the U.S. No activist judge can override the President’s statutory authority.
- Kleindienst v. Mandel (1972) – SCOTUS reaffirmed that the courts should defer to the executive’s immigration decisions when there is a facially legitimate and bona fide reason—which, in this case, is protecting the homeland from violent criminals.

This isn’t “racism,” or “xenophobia,” or whatever buzzword the left is regurgitating this week. This is immigration enforcement as federal law dictates. And Trump, as President, has every legal and constitutional right to enforce it.

What Boasberg has done is dangerous, unconstitutional, and completely detached from reality. He’s pretending that the judiciary is somehow an equal partner in immigration enforcement, which it is not. Courts interpret laws; they don’t write them, and they certainly don’t get to override a sitting President’s clear, legal authority.

This is part of the Democrat legal-industrial complex’s new favorite game:
1. Wait for Trump to enforce existing immigration laws.
2. Find an Obama/Biden-appointed judge to slap down the policy with a last-minute ruling.
3. Hope that higher courts take their sweet time overturning it while the media plays the “Trump is lawless” narrative on repeat.

But make no mistake: this ruling will not hold up on appeal.

The Supreme Court has already ruled that the President has broad authority over immigration. The Alien Enemies Act is crystal clear—and Boasberg’s ruling doesn’t cite any constitutional or statutory reason to override it. National security matters are given deference to the executive branch, especially in immigration enforcement.

In other words, the D.C. Circuit Court of Appeals will likely slap this down faster than a Biden aide hides his cue cards.

The question no one in the left-wing media will ask is: Why is this judge going out of his way to protect criminals?

Would Boasberg have done this if these were Russian mobsters or ISIS affiliates? Would he have rushed to the rescue of a group of foreign criminals with suspected cartel ties?

Of course not.

But since these gang members crossed the border illegally, the left treats them like sacred political pawns. They want them here. They need them here. The more illegal immigrants flood into the country, the easier it becomes to reshape the electorate and lock in their political power.

Boasberg’s ruling isn’t about “due process” or “constitutional rights.” It’s about handcuffing Trump’s ability to secure the border and letting criminals roam free.

President Trump is right to fight this ruling tooth and nail. The Constitution, federal law, and basic common sense are all on his side.

Boasberg’s ruling is a direct assault on presidential authority, a reckless endangerment of American lives, and an embarrassment to the judicial system.

Like so many others in the activist bench brigade, this judge is playing politics with our security. He should be overruled immediately—and frankly, impeached for this disgraceful stunt.

America deserves judges who uphold the Constitution, not wannabe lawmakers in black robes.

This will not stand. The appeals court will ensure that. And if not, Trump’s Supreme Court will.

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