Alabama Attorney General Steve Marshall is defending the Trump Administration’s decision to deport illegal immigrant gang members to El Salvador. The state’s top law enforcement official recently joined attorneys general from 26 other states in a brief filed in the U.S. Supreme Court supporting the recent actions targeting the Venezuelan gang Tren de Aragua. The group is calling for a stay on a district court’s recent temporary restraining order that halts President Trump’s deportations of the criminal illegal aliens.

The brief comes after U.S. District Judge James Boasberg temporarily blocked the deportations last month, and later, a three-judge panel on the D.C. Circuit Court of Appeals affirmed the injunction.

“This is about more than just one policy—this is about preserving the President’s ability to enforce the law,” said Marshall. “If the judiciary can strip the executive branch of its power to control immigration, it won’t stop there. The very foundation of our constitutional system is at risk if courts overstep their bounds and substitute their own policy preferences for the rule of law.”

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Marshall argues that “by joining this amicus brief, he is reaffirming his commitment to ensuring that immigration policies are carried out as designed by federal law and that judicial overreach does not undermine the constitutional balance of power.”

The Trump Administration filed its own brief to the U.S. Supreme Court Wednesday, arguing that federal courts have overstepped the authority of the Executive Branch on this issue. The attorneys general agreed with the president, arguing that allowing the lower court’s decision to stand could set a dangerous precedent, weakening the federal government’s ability to address immigration challenges effectively.

“The [Temporary Restraining Orders] fail to properly evaluate the sources of the President’s authority for his recent actions,” the brief states. “President Trump acted pursuant to both constitutional and statutory authority. At this confluence of two significant fonts of authority, the judiciary should have been reticent to issue a nationwide injunction—at the very least without briefing from the government.”

Republican members of Congress are also trying to fight against activist judges. On Tuesday, a group of elected officials, including U.S. Senators Tommy Tuberville and Katie Britt, filed legislation limiting federal court orders to parties directly before the court. If enacted, the Judicial Relief Clarification Act of 2025 would end the practice of universal injunctions and clarify the constitutional role of the judicial branch.

Yaffee is a contributing writer to Yellowhammer News and hosts “The Yaffee Program” weekdays 9-11 a.m. on WVNN. You can follow him on Twitter @Yaffee