DOJ: Noem Allowed Deportation Flights to Continue Despite Judicial Order

In a decision that has caught significant attention, Homeland Security Secretary Kristi Noem permitted the transfer of deportees to El Salvador, contrary to a judge's directive to have their flights return to the U.S., according to the Department of Justice.

U.S. District Judge James Boasberg is currently investigating the actions taken by the Trump administration regarding an alleged disregard for his directive to halt deportation flights mid-March. Among his orders was the specific instruction to 'reverse a flight' if necessary. However, the Justice Department maintains that Boasberg's order was not breached and sees no need for additional legal actions.

After Boasberg's notice, officials from the Justice Department relayed his orders to senior officials at the Department of Homeland Security and the Justice Department. Subsequently, advice was provided to the Acting General Counsel at DHS, who communicated it to Noem.

Secretary Noem determined that those deportees who had already left U.S. territory before the court's decision were eligible to be placed under El Salvador's jurisdiction. This step, as per the filing, was both lawful and aligned with a reasonable understanding of Boasberg's order.

These flights were part of an action by the Trump administration to transport Venezuelan gang suspects to El Salvador. This move, claimed as lawful under the Alien Enemies Act from 1798, faced legal challenges and questions about the due process received by the deportees.

A lawsuit resulted in Boasberg temporarily halting deportations under the Alien Enemies Act, insisting on the return of flights that had already taken off. Yet, those flights proceeded to their intended destination in El Salvador, leading to accusations from Boasberg that his orders were overlooked, sparking potential contempt charges against the government.

The authorities have continually denied these allegations, highlighting inconsistencies between Boasberg's written and verbal orders on March 15. While his written statement halted specific deportations, his earlier verbal order did not explicitly demand the return of flights already airborne.

While the appeals court initially sided with the administration, another panel later permitted Boasberg to proceed with assessing whether his orders were violated. He declares intent to continue the inquiry into whether the government committed contempt.

The American Civil Liberties Union (ACLU), acting on behalf of their clients, advocates for a public hearing to question over half a dozen possible witnesses from the Department of Homeland Security and Justice Department about the decision to proceed with the flights.

Proposed witnesses include former Justice Department attorney Erez Revueni, who has previously been accused of attempting to deceive the judiciary. The department refuted these allegations.

On Tuesday, the department clarified that there is currently no necessity for live testimonies.