Justice Department Defends El Salvador Deportation Flights Amid Court Challenges

Justice Department Defends El Salvador Deportation Flights Amid Court Challenges

The Justice Department asserted on Tuesday that recent deportation flights transporting Venezuelan nationals to El Salvador were in compliance with existing court orders. This statement came in light of a response to an emergency ruling issued by U.S. District Judge James Boasberg.

Court Order and Legal Implications

On Saturday, Judge Boasberg granted an emergency order forbidding the flights from occurring for a period of 14 days. This halt was established while the court deliberated on the legality of employing the Alien Enemies Act, enacted in 1798, to expedite the deportation of Venezuelan nationals, including suspected members of the violent gang Tren de Aragua. Following the ruling, the Trump administration received an order to submit details regarding the flights, including their takeoff timings from the United States.

Government’s Position

In a joint filing co-signed by Attorney General Pamela Bondi and Deputy Attorney General Todd Blanche, the government contended that they did not breach the court’s order. According to the filing, even if plaintiffs’ versions of events were taken as accurate, flights that departed U.S. airspace before the order was issued would not fall under the court’s jurisdiction.

This document asserted, “The Government maintains that there is no justification to order the provision of additional information, and that doing so would be inappropriate,” emphasizing that the relevant flights had already departed prior to the court’s issuance of the emergency order. Moreover, the court’s earlier oral remarks lacked the status of enforceable injunctions.

Allegations of Imminent Harm

Judge Boasberg’s ruling favored the plaintiffs—Democracy Forward and the ACLU—who contended that the deportations could inflict imminent and irreversible harm on migrants if carried out under the conditions laid out in the proposal.

Immediate Halt of Deportations

The judge mandated the Trump administration to immediately cease any planned deportations. Furthermore, he instructed officials to inform their clients that planes containing the concerned individuals, whether airborne or on the verge of taking off, were required to return to the United States.

Unfortunately for the administration, this order reportedly proved too late to prevent two aircraft from carrying over 200 migrants to El Salvador.

Flight Details and Court Action

White House press secretary Karoline Leavitt clarified in a discussion with media outlets that one aircraft had already exited U.S. airspace before the judge’s ruling was issued. This plane included over 130 individuals deported under the Alien Enemies Act.

In a declaration presented Tuesday, ICE Acting Field Office Director of Enforcement and Removal Operations Robert Cerna elaborated on the agency’s interpretation of the law. He indicated that the invocation of the Alien Enemies Act was valid only upon its publication on the White House website, which occurred around 3:53 PM EDT on March 15, 2025.

Timeline of Deportation Flights

According to Cerna’s declaration, three planes departed the United States for El Salvador International Airport on March 15, 2025, after the proclamation had been issued. Out of these flights, two left U.S. airspace prior to the enforcement time specified in the court order. Although one flight departed afterward, all passengers aboard had previously received Title 8 final removal orders, independent of the proclamation.

“No one on any flight leaving the United States after 7:25 PM EDT on March 15, 2025, was removed solely based on the proclamation in question,” Cerna stated, reinforcing the administration’s stance during this legal challenge.

Current Detention Status

As of now, approximately 54 members of Tren de Aragua are in detention and involved in ongoing removal proceedings. Additionally, around 172 are under non-detained status, while 32 remain in criminal custody with active detainers.

Cerna emphasized that should these individuals be transferred to ICE custody, they would likely enter removal proceedings, indicating that the administration continues to monitor and handle detentions carefully.

A Broader Context

This controversy unfolds as immigration policies and deportation practices remain pivotal issues within U.S. legal and political debates. The Alien Enemies Act has stoked discussions regarding its relevance in contemporary law, particularly concerning individuals fleeing violence and instability.

The ongoing deliberations surrounding these deportation flights may set significant precedents for future immigration policy decisions as courts examine the balance between national security interests and humanitarian rights.

The Path Ahead

As this situation develops, various stakeholders, including legal experts and human rights advocates, will be watching closely. The implications of the court’s rulings will likely have far-reaching effects on the approach the U.S. takes in dealing with vulnerable populations and enforcing immigration laws.

The Justice Department’s defense highlights the complexities present in the legal landscape—a landscape that changes rapidly as different administrations confront unique challenges, reigniting discussions about the treatment of migrants and the enforcement of immigration policy.

This developing story will continue to evolve as the legal proceedings unfold and more information surfaces. The Justice Department’s insistence on compliance with judicial orders and the urgency expressed by the court will keep this issue in the spotlight for the foreseeable future.

David Spunt contributed to this report.