Kristi Noem decided to continue El Salvador deportation flights despite court order, says DOJ

Judge initiates contempt proceedings

Judge Boasberg had on March 15 made the oral order, followed by a written order the same day to halt the deportations of alleged Venezuelan members of the Tren de Aragua gang to the notorious CECOT prison in El Salvador.

Last week he resumed contempt proceedings to find out which Trump administration officials were responsible for violating his orders.

What DOJ said

According to Politico, the DOJ officials said Noem’s decision was informed by legal advice from the top levels of the Justice Department, including Deputy Attorney General Todd Blanche and then-Principal Associate Deputy Attorney General Emil Bove, and the Department of Homeland Security.

That advice was based on the argument that Judge Boasberg’s oral order to turn around the deportation flights had no force. Regarding Judge Boasberg’s written order, they argued that it was ineffective because the flights had already left US airspace.

“That decision was lawful and was consistent with a reasonable interpretation of the Court’s order,” Justice Department attorney Tiberius Davis wrote in the filing.

Trump’s deportation blitz

The deportation of the Venezuelan men to El Salvador was one of the most high-profile showdowns between the Trump administration and the courts since the mass expulsions began.

The administration had invoked the 18th-century Alien Enemies Act to carry out the deportations, a key promise of Trump during the election campaign.

The AEA 1798 gives the administration wartime authority used to remove noncitizens without due process. The Trump administration had argued that the illegal immigrants from Venezuela were members of the Tren de Aragua gang and were involved in a “hybrid criminal state” that is invading the United States.