The Trump administration transferred numerous immigrants to El Salvador despite a federal judge’s temporary halt on deportations, stemming from an 18th-century wartime law aimed at Venezuelan gang members, officials reported Sunday. At the time of the court’s decision, planes carrying the immigrants were already en route.
U.S. District Judge James E. Boasberg issued the order halting deportations on Saturday, but lawyers revealed that two planes were airborne, one bound for El Salvador and the other for Honduras. Although Boasberg verbally instructed the planes to return, the flights continued, as the written order, issued later, did not explicitly include this directive.
In response, the Department of Justice, which has challenged Boasberg’s ruling, stated in a Sunday court document that the immigrants “had already been removed from U.S. territory” when the order was finalized at 7:26 p.m.
Supporters of Trump expressed satisfaction with the outcome. Salvadoran President Nayib Bukele, committed to temporarily sheltering about 300 immigrants in Salvadoran prisons, mocked the situation online, a message subsequently shared by White House communications director Steven Cheung. Secretary of State Marco Rubio highlighted a deal with Bukele for housing more than 250 alleged gang members in El Salvador, praising the savings for U.S. taxpayers.
Steve Vladeck, a Georgetown University law professor, commented that while Boasberg’s verbal directive wasn’t part of the formal order, the administration’s actions contradicted its “spirit.” He suggested that future court rulings might become more explicit to prevent government noncompliance.
These deportations were carried out following Trump’s invocation of the Alien Enemies Act of 1798, a rarely used law requiring a declaration of war, granting powers to remove or detain foreigners otherwise protected by immigration or criminal laws. Last used during WWII, the law allowed the detention of Japanese-American civilians.
The Justice Department, through a spokesperson, referred back to Attorney General Pam Bondi’s earlier criticism of Boasberg’s ruling and did not immediately address questions on the administration’s adherence to court orders.
The Venezuelan government swiftly denounced Trump’s use of the law, likening it to grim periods in history, from slavery to Nazi concentration camps. The gang Tren de Aragua, originating in a chaotic Venezuelan prison, became a political point for Trump, who cited it while making claims about communities purportedly overrun by crime, an allegation critics argue is exaggerated.
The Trump administration failed to specify the immigrants’ identities, provide evidence of links to Tren de Aragua, or substantiate any crimes in the U.S. However, it reportedly sent two MS-13 senior members to El Salvador.
Video footage released by El Salvador displayed the disembarkation of shackled men escorted by officers in riot gear. The detainees were subsequently transported to prison amidst heavy security, including buses flanked by police and military. Within the prison, they were shown having their heads shaved and changing into uniform before being placed in cells.
These individuals were delivered to the CECOT facility, which forms part of President Bukele’s plan to intensify law enforcement and improve national security. The Trump administration stated that the president had signed the related proclamation on Friday night but only disclosed it the following afternoon. Immigration lawyers, having observed Venezuelans being moved to Texas for deportation, initiated lawsuits to obstruct the transfers.
Human rights advocate Adam Isacson from the Washington Office for Latin America issued a cautionary statement on social media, warning that any Venezuelan could face deportation based merely on alleged gang connections without defense opportunities.
The lawsuit temporarily suspending deportations was filed on behalf of five Venezuelans in Texas worried about wrongful gang association accusations. They warned that, under the act, Trump could arbitrarily label anyone as a Tren de Aragua member and deport them.
Boasberg initially halted these deportations when the lawsuit emerged early Saturday, then extended the ban to all federal custody cases potentially impacted by the act after an afternoon hearing. He acknowledged the unprecedented use of the law outside of congressionally declared wars, leaving room for plaintiffs to challenge its legal application.
The deportation hold is effective for 14 days, during which the immigrants will remain in federal custody. Boasberg has set a follow-up hearing for Friday to engage in further case deliberations, asserting the significance of addressing potential constitutional violations before expulsion.
In closing, Boasberg underscored the pressing need for judicial review to preserve the immigrants’ rights before their removal from the U.S., implying that post-departure resolutions would be improbable.
