Attorneys representing the Department of Homeland Security (DHS) have argued that the agency did not breach a federal court order regarding the deportation of individuals to third countries, attributing the responsibility to the Defense Department instead. This assertion was made in a document presented by Justice Department lawyer Mary Larakers, emphasizing that since the Defense Department is not a party in the lawsuit, there was no violation of U.S. District Judge Brian E. Murphy’s directives.
The directive from Judge Murphy, initially issued on March 28, was intended to restrict the Trump administration’s ability to deport individuals who have exhausted legal appeals to nations other than their own unless they were informed of their impending destination and given an opportunity to contest the deportation if they feared torture or death.
Due to some countries’ refusal to accept deportees from the U.S., the administration had negotiated agreements with nations like Panama for temporary housing. Notably, certain Venezuelan nationals, affected by the Trump administration’s use of the Alien Enemies Act, were sent to El Salvador and detained in its notorious primary prison.
Larakers’ filing disclosed that four individuals were deported to El Salvador on March 31, shortly after Murphy’s order. These actions, it was argued, were conducted by the Defense Department without DHS involvement, as there were no DHS officials on the deportation flight or directing the proceedings.
Addressing Mexico, Larakers stated that two individuals were deported there: one before the restraining order and another just hours before the order was issued on March 28. The latter individual affirmed to Immigration and Customs Enforcement (ICE) officers that he did not fear returning to Mexico, according to Larakers.
Additionally, Larakers included a statement from DHS official Tracy Huettl indicating that each of the deported individuals had criminal convictions in the United States and deportation orders from immigration judges. Those deported following the court order had initially been held in ICE custody before their transfer to a Guantanamo Bay detention facility, from where Defense Department officials arranged their flight to El Salvador.