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The Trump administration has taken steps to deport hundreds of immigrants to El Salvador, despite a federal judge’s recent order that temporarily halts such deportations based on an 18th-century wartime declaration aimed at Venezuelan gang members. According to officials, flights were already en route at the time the ruling was issued.
U.S. District Judge James E. Boasberg issued the order on Saturday, placing a temporary block on the deportations. However, lawyers representing the detained immigrants informed him that two planes were already airborne—one bound for El Salvador and the other for Honduras. Although Boasberg verbally directed that the flights be redirected, it seems his request was not carried out, as this directive was not included in his official written order.
In a statement on Sunday, White House press secretary Karoline Leavitt addressed concerns regarding the administration’s adherence to court orders. “The administration did not ‘refuse to comply’ with a court order,” she stated, asserting that the directive lacked a legal foundation and came after certain alleged terrorist members had already been removed from U.S. soil.
The declaration in question refers specifically to members of the Tren de Aragua gang, which Trump highlighted in his proclamation issued on Saturday.
Following the ruling, the Department of Justice filed a response on Sunday indicating its intention to appeal Boasberg’s decision. The statement clarified that the Trump administration would refrain from applying the proclamation, which was blocked by the court, for any further deportations unless the ruling is overturned.
At El Salvador International Airport in San Luis Talpa, the planes designated for deporting migrants were present, illustrating the continuing operations despite the legal challenge. The news drew positive reactions from Trump allies.
Salvadoran President Nayib Bukele, who had previously agreed to accommodate approximately 300 immigrants in his country’s prison system for a fee of $6 million USD, expressed his sentiments on social media. He commented, “Oopsie — Too late,” alongside an article referencing Boasberg’s ruling, a post that was shared by White House communications director Steven Cheung.
U.S. Secretary of State Marco Rubio, who was instrumental in arranging the agreement with Bukele, mentioned on social media: “We sent over 250 alien enemy members of Tren de Aragua which El Salvador has agreed to hold in their very good jails at a fair price that will also save our taxpayer dollars.”
The deportations were carried out following Trump’s invocation of the Alien Enemies Act of 1798, a measure that has had limited historical application, utilized only three times prior in U.S. history.
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President Trump is following through on his commitment to tighten immigration enforcement through a series of deportation actions. He has also called for a substantial increase in funding for border security and immigration reform.
Historically, the Alien Enemies Act has been implemented during key conflicts such as the War of 1812 and both World Wars. It empowers the president to detain or deport non-citizens during times of war, which necessitates a formal declaration of war by Congress. Its last use, notably during World War II, involved the detention of Japanese-American individuals.
In response to these developments, the Venezuelan government condemned Trump’s declaration, labeling it reminiscent of “the darkest episodes in human history, from slavery to the horror of the Nazi concentration camps.”
The Tren de Aragua gang, notorious for its origins in a violent prison in Aragua state, has been part of the context that has forced millions of Venezuelans to flee, primarily in search of better living conditions as their home country’s economy has deteriorated over the past decade. During his campaign, Trump utilized the gang’s notoriety to paint a skewed picture of communities allegedly dominated by criminal activity.
To date, the Trump administration has not provided specific evidence identifying the deported individuals as members of Tren de Aragua, nor have they confirmed any criminal activity committed by them within the U.S. Additionally, the administration deported two high-ranking members of the Salvadoran MS-13 gang who had been arrested in the United States.
Upon arrival, the deported individuals were taken to the CECOT facility, which lies at the heart of Bukele’s strategy to reduce violence in El Salvador through stringent law enforcement and limitations on civil liberties.
Flurry of Legal Activity
The Trump administration asserted that the proclamation regarding Tren de Aragua was signed by the president on Friday night but was not announced until the following afternoon. Immigration attorneys observed that on the night of the signing, Venezuelan nationals who otherwise could not be deported were being relocated to Texas for deportation. In response, they filed lawsuits to impede these actions.
The legal action that led to the halt of deportations was initiated on behalf of five Venezuelan individuals held in Texas, who were concerned about being unjustly labeled as affiliated with the gang. They expressed fears that under such accusations, they could be swiftly removed from the country without due process.
Boasberg initially blocked the deportations of these five Venezuelans on Saturday morning when the lawsuit was filed. Following a subsequent hearing, he expanded this injunction to include all individuals in federal custody potentially affected by the law. He emphasized that the unprecedented use of this act outside a war declaration raises significant legal concerns, suggesting plaintiffs might successfully argue that Trump overstepped his authority.
This temporary ban on deportations is effective for up to 14 days, during which time the affected individuals will remain in federal custody. Judge Boasberg has scheduled a hearing for the upcoming Friday to consider further arguments in the case.
“Once they’re out of the country,” Boasberg noted, “there’s little I could do.”
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