Homeland Security Secretary Kristi Noem personally authorised the continuation of deportation flights carrying Venezuelan migrants to El Salvador in March, despite a federal judge's explicit order demanding their return to the United States, according to recent Justice Department filings.
The Legal Standoff Over Deportation Flights
Court documents submitted on Tuesday reveal that Noem made the decisive call after receiving legal counsel from senior Justice Department officials, including Deputy Attorney General Todd Blanche and Principal Associate Deputy Attorney General Emil Bove. Their advice was conveyed through DHS Acting General Counsel Joseph Mazzara before Noem's directive was issued.
The controversy stems from March events when the Trump administration invoked the 18th-century Alien Enemies Act, legislation primarily intended for wartime use, to deport approximately 250 alleged Venezuelan gang members to El Salvador's CECOT mega-prison.
Judicial Intervention and Administration Response
US District Judge James Boasberg responded by issuing a temporary restraining order and delivering a verbal directive requiring any deportation flights already airborne to immediately return to American territory. However, the administration maintained that since the detainees had already left US airspace when the order was issued, the ruling didn't apply to them.
In their recent filing, Justice Department lawyers argued that Noem's decision was "lawful and consistent with a reasonable interpretation of the Court's order." They maintained that the written order didn't specifically require the return of already-removed detainees, and the earlier oral directive didn't constitute a binding injunction.
The department stated: "Although the substance of the legal advice given to DHS and Secretary Noem is privileged, the government has repeatedly explained in its briefs – both in this court on appeal – why its actions did not violate the court's order, much less constitute contempt."
Aftermath and Ongoing Investigation
Following several months detained in the notorious Salvadoran prison, the Venezuelan nationals were eventually repatriated to Venezuela in July as part of a diplomatic arrangement between the US and Venezuelan governments.
Judge Boasberg has recently resumed his inquiry into whether the Trump administration violated his March orders to halt the deportation flights, bringing renewed attention to the legal boundaries of executive authority in immigration enforcement matters.
The White House and Department of Homeland Security have not yet responded to requests for comment regarding the new court filing, leaving unanswered questions about the administration's interpretation of judicial authority in immigration cases.
