El Salvador deportation flights did not violate court order: DOJ

The Justice Department defended the deportation flights that sent Venezuelan nationals to El Salvador over the weekend, stating that they did not violate a court order. U.S. District Judge James Boasberg had granted an emergency order on Saturday to temporarily block the flights for 14 days while the court considered the legality of using the Alien Enemies Act to deport alleged members of the violent gang Tren de Aragua.

The federal response came after Boasberg ordered the Trump administration to provide more information about the flights that took place on Saturday. The government, represented by Attorney General Pamela Bondi and Deputy Attorney General Todd Blanche, argued that there was no violation of the court’s order as the relevant flights had already left U.S. airspace before the order was issued.

In his ruling on Saturday, Boasberg sided with the plaintiffs, Democracy Forward and the ACLU, who argued that the deportations would likely cause imminent and irreparable harm to the migrants. He ordered the administration to halt any planned deportations and to have any planes containing the migrants returned to the United States.

However, it was revealed that two planes carrying over 200 migrants, including more than 130 persons removed under the Alien Enemies Act, had already left U.S. airspace by the time the order was issued. The White House press secretary, Karoline Leavitt, stated that the planes had departed before the order took effect.

ICE Acting Field Office Director Robert Cerna explained that the Proclamation invoking the Alien Enemies Act was only considered effective once it was posted on the White House website. He clarified that individuals on the flights departing after the order was issued were not removed solely based on the Proclamation.

Moving forward, ICE is closely monitoring the members of Tren de Aragua who are amenable to removal proceedings. Currently, there are approximately 54 members in detention, 172 on the non-detained docket, and 32 in criminal custody with active detainers.

The government’s defense of the deportation flights has sparked controversy and raised questions about the use of the Alien Enemies Act in immigration enforcement. The situation continues to unfold as the court considers the legality of the deportations and the treatment of Venezuelan nationals in El Salvador.