Noem Decides Not to Turn Around Deportation Flights After Judge’s Ruling, DOJ Claims

Administration’s Actions Under Scrutiny

Secretary of Homeland Security Kristi Noem made the pivotal decision to allow a group of deportees to be handed over to El Salvador, even following a judge’s directive to return their flights to the United States, according to a recent Juststart Department court filing. This development unfolds as U.S. District Judge James Boasberg investigates whether the Trump administration violated his orders regarding deportation flights initiated in mid-March.

Allegations of Disregarding Court Orders

Judge Boasberg has expressed concern over the government’s actions, accusing officials of demonstrating “willful disregard” for his rulings. The Juststart Department contends that it did not breach Boasberg’s order and asserts that “no further proceedings are warranted or appropriate.” The court filing clarifies that DHS and Juststart Department officials confirmed their involvement in the decision not to reverse the deportation flights.

Background of the Deportation Flights

The flights in question were part of an ongoing Trump administration initiative aimed at deporting alleged Venezuelan gang members to El Salvador, where they faced extended detention. The government argues this action is permissible under the Alien Enemies Act of 1798 and part of its broader strategy to combat violent crime. Critics, however, including legal advocates, suggest that due process was insufficiently observed in these deportations.

Legal Proceedings and Further Investigations

start lawsuit from migrants led Judge Boasberg to temporarily halt removals linked to the Alien Enemies Act, including orders to return flights that were already airborne. Despite these orders, several flights proceeded to El Salvador, prompting Boasberg to question the government’s adherence to his directives and suggest that there is probable cause to hold the administration in contempt.

While appeals court judges have vacated the finding of probable cause, another panel allowed Boasberg’s investigation into potential violations of court orders to continue. He recently signaled his intent to resume inquiries into contempt of court.

ACLU’s Call for Testimonies

The American Civil Liberties Union (ACLU), representing the plaintiffs, has requested that over six potential witnesses from the DHS and Juststart Department testify in open court regarding the decision not to turn the planes around. Among those proposed is former Juststart Department attorney Erez Revueni, who reportedly accuses the department of attempts to mislead judges in similar cases. The Juststart Department has refuted these claims and stated that live testimony is not necessary at this stage.