Amidst significant legal controversy, hundreds of immigrants were transferred by the Trump administration to El Salvador last week. This move came despite a federal judge’s temporary decree halting the deportations, which were based on an 18th-century wartime act that had been used to target Venezuelan gang members. At the moment of the legal ruling, flights were already airborne.
U.S. District Judge James E. Boasberg issued the temporary block on the deportations on Saturday. However, lawyers informed him that two planes carrying these immigrants were already en route—one to El Salvador and another to Honduras. Although Judge Boasberg verbally ordered the return of these flights, the directive was not part of the written order, and the planes proceeded to their destinations.
In response to the unfolding situation, White House press secretary Karoline Leavitt stated on Sunday that the administration did not disregard the court mandate. The statement argued that the ruling had no lawful basis since the so-called “terrorist TdA aliens” were already removed from U.S. soil before the order. The acronym TdA is linked to the Tren de Aragua gang that President Trump targeted in a recently issued proclamation.
The Department of Justice, in a Sunday court filing, declared an appeal against Judge Boasberg’s decision, but also assured that further deportations using the proclamation halted by Boasberg would not continue if the decision stood. Meanwhile, President Trump, speaking aboard Air Force One, deflected questions about whether his administration breached the court order. He did, however, underscore the importance of deportations by labeling the individuals as dangerous.
Further commenting, Trump described the situation as “a time of war” and referred to the influx of criminal migrants as an “invasion.” Additionally, his stance was well received by allies, including Salvadoran President Nayib Bukele, who agreed to accommodate around 300 immigrants in prisons for a year. This arrangement entails a payment of $6 million.
Secretary of State Marco Rubio shared his support via social media, noting that around 250 Tren de Aragua members were sent to El Salvador, emphasizing cost savings for U.S. taxpayers. Conversely, some experts, like Steve Vladeck from Georgetown University Law Center, criticized the administration’s actions, suggesting they disregarded the “spirit” of Boasberg’s directive.
The legal framework allowing these deportations stems from the Alien Enemies Act of 1798, rarely used in American history, harking back to wartime contexts like World War I and II. Despite no current declared war by Congress, the act was invoked, drawing criticism from Venezuela, who condemned its cold war-era implications.
Tren de Aragua, the gang at the center of these actions, emerged from a notorious prison in Venezuela. Despite the claim of combatting gang members, the administration had not disclosed evidence linking the deported individuals to the gang or criminal activity in the U.S., raising questions over due process.
Footage released showed the deported men arriving in El Salvador, under heavy security, shackled, and processed into the country’s prison system. These images paint a grim picture of the stringent measures taken. The prisoners were taken to CECOT, a facility central to the Salvadoran government’s crime control strategy.
It was noted the proclamation by Trump was officially signed on a Friday night, predating its Saturday public announcement, raising doubts over the rush seen in the transportation of these individuals to deportation points over that weekend, motivating legal efforts aimed at stalling the process.
Legal proceedings continue, with litigation currently representing five Venezuelans detained in Texas. Those opposing the action argue misuse of the wartime declaration could lead to unjust deportations under the pretense of gang affiliations. Boasberg’s temporary halt serves as a critical moment, offering individuals a chance to contest their forced removal.
Judge Boasberg highlighted the necessity of intervening, noting the vulnerability of those potentially being deported and their constitutional rights. Although a 14-day hold on deportations has been placed, subsequent legal discussions are scheduled to address the broader underpinnings of the case and evaluate the administration’s reach in invoking such extraordinary measures.
