On March 16, the Trump administration proceeded with the deportation of alleged members of a Venezuelan gang, defying a court ruling that prohibited such actions. The administration argued that a judge lacked the authority to impede its operations.
This deportation initiative came after Judge James Boasberg’s decision to restrict President Trump’s use of the Alien Enemies Act’s wartime powers to swiftly remove over 200 suspected members of Tren de Aragua, a gang accused of serious crimes including kidnapping and extortion. White House press secretary Karoline Leavitt stated, “A single judge in a single city cannot direct the movements of an aircraft full of foreign aliens.” She maintained that the judiciary lacks the lawful basis to contest the president’s foreign policy decisions.
Experts noted that these actions signify a significant escalation in Trump’s challenge to the Constitutional balance of powers and the independence of the judiciary. Patrick Eddington, a legal scholar from the Cato Institute, described the White House’s stance as unprecedented and labeled it a radical test of the system of checks and balances since the Civil War.
During a hearing on Saturday, Boasberg temporarily blocked enforcement of the law for 14 days, citing that the statute pertains to actions by a hostile nation that could be considered acts of war. He ordered that any flights carrying migrants under the law should be redirected back to the U.S., with his written order noted on the case docket at 7:25 p.m. ET.
The following day, El Salvador’s President Nayib Bukele shared footage online showing individuals being removed swiftly from a plane under heavy security. He commented sarcastically, “Oopsie… Too late,” alongside a headline indicating the deportation flights were ordered to return to the U.S. His post garnered a response from U.S. Secretary of State Marco Rubio, who acknowledged Bukele’s support.
Leavitt asserted that the deportation actions did not contradict the court order and emphasized that courts usually do not have jurisdiction over the president’s powers regarding the removal of foreign individuals deemed threats. Although the Trump administration has called these Venezuelans “monsters” or “alien terrorists,” independent verification of their criminal ties remains unconfirmed by Reuters.
Both the U.S. Department of Homeland Security and the Salvadoran government refrained from commenting, while the State Department remained silent on the unfolding situation. Data from FlightRadar24 indicated that a Global Crossing Airlines plane had departed from Texas and arrived in San Salvador late on Saturday night.
In a court filing that followed, the Trump administration claimed that some Venezuelans had been deported before the judicial order, although they provided no concrete figures. Senior administration officials expressed hopes that the operation would conclude prior to the judge’s intervention, with some suggesting that since the aircraft was already “over international waters,” the order was void.
Legal analysts disagree with this assertion. Georgetown Law professor Steve Vladeck stated that a federal court’s jurisdiction extends beyond the U.S. territorial waters, emphasizing that the specifics of the defendants rather than the location of actions dictate jurisdiction. Peter Markowitz from Cardozo Law School confirmed that the administration most likely violated the court’s directive.
The ACLU, which contested Trump’s enforcement of the Alien Enemies Act, urged the administration to verify compliance with the court’s order. Lead attorney Lee Gelernt expressed hopes for cooperation with foreign governments to return individuals removed post-order.
Reports indicated that the 238 men accused of gang affiliation were to be held at El Salvador’s Terrorism Confinement Center, a facility capable of housing up to 40,000 inmates for a renewable year-long term, as stated by Bukele.
Credit: Reuters
