The Justice Department asserted on Tuesday that recent deportation flights transporting Venezuelan nationals to El Salvador over the weekend did not breach a court order. This confirmation followed an emergency ruling granted by U.S. District Judge James Boasberg on Saturday, which temporarily blocked these flights for 14 days. The judge's decision was made while his court evaluated the legality of employing the 1798 wartime-era Alien Enemies Act to expedite the deportation of Venezuelan nationals, including individuals linked to the notorious gang, Tren de Aragua.
In his order, Judge Boasberg mandated the Trump administration to provide comprehensive details regarding the flights conducted on Saturday, specifically the departure times from the U.S. The court filing, co-signed by notable officials such as Attorney General Pamela Bondi and Deputy Attorney General Todd Blanche, highlighted the government's position that additional information was unnecessary. They contended that even if the plaintiffs’ version of events were accepted, no violation of the court's written order occurred, as the relevant flights had already exited U.S. airspace before the order was issued.
On Tuesday, Judge Boasberg instructed the Justice Department to respond to five critical questions concerning the deportation flights. These inquiries, which must be addressed under seal by noon on Wednesday, include:
What time did the plane take off from U.S. soil and from which location? What time did it leave U.S. airspace? What time did it land in which foreign country, including any stops made? What time were individuals solely subject to the Proclamation transferred out of U.S. custody? How many individuals were on board based solely on the Proclamation?The emergency order was issued after Boasberg sided with the plaintiffs, including Democracy Forward and the ACLU, who argued that the deportations could result in imminent and irreparable harm to the affected migrants.
Judge Boasberg had previously directed the Trump administration to halt any planned deportations immediately. He also ordered that clients be notified of any planes containing these individuals that were scheduled to take off or were already airborne, necessitating their return to the United States. However, this decision arrived too late to prevent the deportation of over 200 migrants to El Salvador.
White House Press Secretary Karoline Leavitt confirmed in a Fox News interview that a plane carrying hundreds of migrants, including more than 130 individuals removed under the Alien Enemies Act, had already departed U.S. airspace by the time the court order was issued. Furthermore, the Immigration and Customs Enforcement (ICE) agency understood the Proclamation invoking the Alien Enemies Act to be effective only after it was posted on the White House website, which occurred at approximately 3:53 PM EDT on March 15, 2025.
According to Robert Cerna, the Acting Field Office Director of ICE’s Enforcement and Removal Operations, three planes departed for El Salvador International Airport (SAL) on March 15, 2025. Notably, two of these flights left U.S. territory and airspace before the 7:25 PM EDT cutoff. The third flight, which departed after this time, held individuals with Title 8 final removal orders, meaning they were not removed solely based on the Proclamation.
Cerna emphasized that, to eliminate any ambiguity, no individuals on flights leaving the United States after the specified time were removed solely due to the Proclamation. Presently, ICE is closely monitoring members of Tren de Aragua who are subject to removal proceedings. Approximately 54 members are currently in detention, 172 are on a non-detained docket, and 32 are in criminal custody with active detainers against them. If these individuals are transferred to ICE custody, they will likely face removal proceedings, he stated.
As the situation unfolds, the Justice Department continues to navigate the complexities of immigration and deportation laws, ensuring compliance with judicial directives while managing the ongoing challenges associated with the Venezuelan migrant crisis.
