UPDATE: Secretary of Homeland Security Kristi Noem has made a controversial decision to allow deportees to be handed over to El Salvador, despite a federal judge’s order to halt such flights. This shocking development was confirmed in a Justice Department filing on March 15, 2023.
The ruling comes as U.S. District Judge James Boasberg investigates whether the Trump administration violated his orders concerning deportation flights of individuals accused of gang ties. Judge Boasberg has accused officials of showing a “willful disregard” for his directives, raising serious legal concerns.
According to the DOJ, the administration argues it did not violate the judge’s order, stating that “no further proceedings are warranted or appropriate.” However, the decision not to return the deportation flights has sparked outrage among advocacy groups and legal experts.
In the court filing, it was revealed that shortly after Boasberg issued his ruling, Drew Ensign, a Justice Department official, communicated the directives to DHS and DOJ leadership. Following this, several high-ranking officials, including Todd Blanche and Emil Bove, provided advice to Noem regarding the handling of the detainees.
Noem ultimately determined that the group of detainees “who had been removed from the United States before the Court’s order could be transferred to the custody of El Salvador.” The DOJ maintains that this course of action was lawful, despite ongoing scrutiny and legal challenges.
The deportees in question are part of a Trump administration initiative aimed at sending accused Venezuelan gang members to El Salvador, where they face lengthy imprisonment. This initiative has triggered significant backlash from courts and human rights advocates who argue that these individuals were not granted adequate due process.
Judge Boasberg previously ordered a temporary halt to deportations under the Alien Enemies Act, which includes a directive to return any flights already en route. Despite this, reports indicate that the flights continued to their destination in El Salvador, prompting the judge to contemplate holding the government in contempt of court.
While Boasberg’s initial findings of probable cause were dismissed by appeals courts, he has been granted authority to pursue the matter further, signaling an impending resumption of his contempt inquiry. The American Civil Liberties Union, which represents the affected migrants, is pushing for testimony from key witnesses involved in the decision-making process.
Among the potential witnesses is former DOJ attorney Erez Revueni, who has raised concerns about the department’s transparency and adherence to judicial orders. The DOJ has strongly denied these allegations and stated, “No live testimony is warranted at this time.”
This situation is developing rapidly, with significant implications for U.S. immigration policy and the legal framework surrounding deportations. As the inquiry by Judge Boasberg proceeds, attention will focus on how the administration justifies its actions and whether the courts will hold it accountable for any perceived violations.
Stay tuned for more updates as this crucial story unfolds.