Presidential Immunity Does Not Sanction Defiance of Judicial Authority
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I am writing to express my grave concern over two constitutional crises that unfolded this past weekend—the deportation of Dr. Rasha Alawieh in direct defiance of a federal court order and the use of the Alien Enemies Act to remove Venezuelan nationals despite judicial intervention. Both cases demonstrate a dangerous disregard for judicial authority and the rule of law, raising serious questions about the current administration’s commitment to constitutional governance.
White House Press Secretary Karoline Leavitt has falsely claimed that the administration “did not refuse to comply” with a court order in Dr. Alawieh’s case, arguing that the order was issued after deportation occurred. This is demonstrably false:
• March 14, 2025 – Judge Leo Sorokin issued an order requiring a 48-hour notice before Dr. Alawieh’s removal.
• Later that evening – She was placed on a flight to Paris, ultimately arriving in Lebanon on March 16.
• March 17, 2025 – A hearing is scheduled to determine whether Customs and Border Protection officials defied the court’s mandate.
If the executive branch can ignore judicial rulings, basing it on Supreme Court immunity, the separation of powers is meaningless. The administration’s claim that federal courts lack jurisdiction over deportations is baseless—courts have routinely intervened in immigration enforcement, ensuring due process is upheld.
Simultaneously, the administration invoked the Alien Enemies Act of 1798 to justify the deportation of over 250 Venezuelan nationals—allegedly members of the Tren de Aragua gang—despite a federal court blocking the removals. The Alien Enemies Act applies to citizens of hostile nations during wartime, not non-state actors like criminal gangs. Judge James Boasberg issued a restraining order, yet deportations proceeded anyway.
The common thread in both cases is clear: the administration no longer acknowledges judicial authority when it conflicts with its agenda. If the executive branch can override the courts at will, we are in a full-blown constitutional crisis.
I urge the court to:
1. Investigate these illegal deportations and hold those responsible for violating judicial orders accountable.
2. Affirm the role of the judiciary in overseeing executive actions, particularly on immigration and foreign policy.
3. Ensure that the Alien Enemies Act is not misused as a broad deportation tool for non-state actors.
Our constitutional system depends on checks and balances. If this defiance of judicial rulings is allowed to continue, no court order will be safe from executive nullification—a precedent that threatens democracy itself.