In a significant move, Secretary of Homeland Security Kristi Noem has made the final decision to allow a group of deportees to be handed over to El Salvador. This decision follows a court filing from the Justice Department stating that U.S. District Judge James Boasberg mandated their flights must return to the United States. The ongoing legal controversy revolves around whether the Trump administration violated Judge Boasberg's orders to halt deportation flights that began in mid-March.
Judge Boasberg is investigating the government's actions after he issued a temporary halt on deportation flights, specifically those involving individuals targeted under the Alien Enemies Act. In his recent statements, the judge has accused the government of displaying a willful disregard for his rulings, suggesting potential contempt of court. The Justice Department contends that the administration adhered to Boasberg's orders and argues that no further judicial proceedings are necessary.
The Justice Department's filing outlines the involvement of various officials within the Department of Homeland Security and the Justice Department in the decision-making process regarding the deportation flights. Following Judge Boasberg's rulings, Justice Department official Drew Ensign communicated the directives to leadership within both departments. Subsequently, advice was provided to DHS's acting general counsel, who relayed this information to Secretary Noem.
Ultimately, Secretary Noem determined that the class of detainees removed from the United States before the court's order could legally be transferred to El Salvador. The filing asserts that this action was lawful and aligned with a reasonable interpretation of the court's directives.
The deportation flights in question were part of a broader initiative by the Trump administration aimed at sending accused Venezuelan gang members to El Salvador, where they were reportedly held in prison for extended periods. The administration defends this strategy as legal under the Alien Enemies Act of 1798, arguing it is a necessary part of its crackdown on violent crime. However, this approach has drawn criticism from courts and advocacy groups, who claim that the deportees were not afforded adequate due process.
One lawsuit initiated by migrants prompted Judge Boasberg to order a temporary cessation of removals under the Alien Enemies Act, including a directive to return deportation flights already in the air. Despite this order, the flights continued on their way to El Salvador, leading Judge Boasberg to accuse the government of ignoring his directives. He indicated that there is probable cause to hold the government in contempt of court.
While appeals court judges dismissed Boasberg's initial finding of probable cause, they allowed him to continue his investigation into potential violations of his court order. Recently, he signaled his intent to resume the contempt of court inquiry.
The American Civil Liberties Union (ACLU), representing the plaintiffs in this case, has requested that several potential witnesses from the DHS and Justice Department be called to testify in open court regarding the decision not to turn the deportation flights around. One notable witness suggested by the ACLU is former Justice Department attorney Erez Revueni, who has accused the department of attempting to mislead judges in various cases, including this deportation matter. The Justice Department has denied these allegations, stating that live testimony is unnecessary at this time.