A federal judge has scheduled a crucial hearing at 5 p.m. ET on Monday to examine whether the Trump administration knowingly violated a court order concerning the deportation of alleged gang members to El Salvador. This hearing comes in the wake of the administration's decision to hand over more than 200 individuals, identified as gang members, to El Salvadoran authorities over the weekend, which has raised significant legal questions.
According to sources familiar with the matter, President Donald Trump's administration made a calculated decision on Saturday to disregard the judge's directive regarding the deportation of two flights carrying hundreds of alleged Venezuelan gang members. U.S. District Judge James Boasberg had issued a temporary restraining order just hours earlier, blocking the administration from deporting noncitizens currently in custody.
Judge Boasberg's order explicitly instructed the government to turn around any aircraft that had already departed from the United States if they were still airborne. However, sources indicate that top officials within the Trump administration interpreted this directive as not applicable since the flights were over international waters at the time. This interpretation led to the planes not being turned around.
In a late-night court filing on Sunday, attorneys from the ACLU and Democracy Forward Foundation contended that the Trump administration may have blatantly violated the court's directive by acting as if the order only pertained to flights within U.S. airspace. Their filing stated, "This Court orally and unambiguously directed the government to turn around any planes carrying individuals being removed pursuant to the AEA Proclamation."
Meanwhile, lawyers from the Department of Justice argued that the deportations occurred under Trump's Alien Enemies Act proclamation before the court issued its order. However, the plaintiffs contended that this assertion conflicts with the timeline and misinterprets the jurisdiction over noncitizens, stating that U.S. custody remains until the planes land and individuals are handed over to foreign governments.
The plaintiffs highlighted that the court had expressed clear concerns about losing jurisdiction and authority over individuals if they were handed over to foreign governments. They noted that public comments from both the Trump administration and the President of El Salvador, which boasted about the court being too late to intervene, further support the claim of a potential violation of the court order.
Finding that the deportations could lead to irreparable harm, Judge Boasberg's temporary restraining order has prohibited the Trump administration from deporting noncitizens subject to the AEA proclamation for a minimum of 14 days. During Saturday's hearing, Boasberg emphasized the urgency of compliance, stating, "You shall inform your clients of this immediately; any plane containing these individuals that is going to take off or is in the air needs to be returned to the United States."
In light of these developments, plaintiffs' attorneys have requested Judge Boasberg to mandate the Trump administration to provide sworn declarations to determine whether the government knowingly breached his court order. The upcoming hearing will be pivotal in addressing these serious allegations and clarifying the legal responsibilities of the Trump administration regarding the deportation of alleged gang members.
