In recent days, Fox News has vociferously defended President Donald Trump for deporting some 250 people to El Salvador and attacked the judge who tried to stop the flights. In contrast, the network's sister outlets The Wall Street Journal and New York Post have published strong op-eds supporting the role of the judiciary, arguing that Republicans and the Trump administration are employing a “terrible tactic” and entering into a “disreputable racket” by advocating for the judge’s impeachment.
After invoking the Alien Enemies Act of 1798 — which allows the government to deport people without the due process of immigration law and was previously used to intern Japanese Americans during World War II — to target the Venezuelan gang Tren de Aragua, the Trump administration deported some 250 alleged gang members to El Salvador. Many of the deported migrants reportedly had no criminal records in the U.S. After civil rights organizations filed a lawsuit, U.S. District Court Judge James Boasberg ordered that the deportations be halted and flights already in progress return to the U.S. The Trump administration nevertheless continued the flights in “possible defiance” of the judge’s order.
Since this legal skirmish, the Trump administration has escalated its rhetoric against the judiciary. Trump “border czar” Tom Homan told Fox News on March 17, “We’re not stopping. I don't care what the judges think. I don’t care what the left thinks. We’re coming.” Trump himself attacked Boasberg, calling for his impeachment on Truth Social.
Homan’s views appear to be normative at Fox, with network figures attacking Boasberg’s credibility and seemingly coalescing around the idea that he lacks the authority to issue such an order. On March 18, Fox News legal editor Kerri Urbahn said Boasberg “was not elected president of the United States and therefore does not have authority over matters pertaining to immigration, national security, and foreign policy.” She continued, “You have judges who are unilaterally inserting themselves into the executive branch, interfering with the president and his team’s ability to carry out his agenda.” Fox host Jeanine Pirro called Boasberg “stupid” for thinking he can stop Trump’s deportation actions. Her co-host Dana Perino belittled the judge, saying Boasberg’s ruling is like “when a low-level security officer gets a whistle, and then they just want to blow it all the time, and they feel powerful with the whistle.”