White House Promotes Deportation of Alleged Gang Members, Despite Court Order for Their Return to US
On Sunday, the administration contended that the planes were beyond the judge's jurisdiction at the time he issued his order.
TroibNews 
President Donald Trump’s administration is marking his activation of a seldom-used wartime authority for the mass deportation of numerous suspected gang members to El Salvador, an incident that has raised questions about the U.S. judicial system's capacity to limit the actions of the Trump administration.
On Saturday evening, a federal judge issued an atypical order mandating that all aircraft transporting individuals affected by Trump’s declaration under the Alien Enemies Act return to the U.S. However, one plane carrying Venezuelan deportees continued to San Salvador, discharging its passengers to a contingent of Salvadoran soldiers, police, and videographers.
El Salvador’s President, Nayib Bukele, shared chilling footage on X that resembled scenes from an action film, showing soldiers escorting tattooed men off an aircraft, compelling them to kneel on the ground while being taken to buses, and having their heads shaved by masked guards.
Responses from Bukele and Trump supporters, mocking the judge's ruling, contributed to a sentiment of ineffectiveness surrounding the U.S. legal system during Trump’s second term. “Oopsie…Too late,” Bukele remarked, sharing a tears-of-joy emoji alongside a New York Post headline regarding the judge’s order for the plane to return.
Bukele further explained that the transfer of prisoners was part of an agreement with the U.S. after discussions last month with Secretary of State Marco Rubio. He noted that for a “low fee” paid by the U.S., members of the alleged Tren de Aragua gang would be housed in El Salvador’s notorious Terrorism Confinement Center, a massive prison designed for over 40,000 inmates and criticized by human rights groups due to concerns about violence and overcrowding.
On Sunday afternoon, Justice Department attorneys filed a vague two-page document with Judge Boasberg, claiming that by the time he issued his order, the planes carrying deportees had already left U.S. jurisdiction. “Some gang members subject to removal under the Proclamation had already been removed from United States territory under the Proclamation before the issuance of this Court’s … order,” the Justice Department claimed.
The DOJ's filing also suggested that Boasberg's order didn’t take effect until it was noted in the court’s electronic records at 7:26 p.m., even though the judge delivered the order verbally about 45 minutes earlier, insisting it had to be “complied with immediately.”
Attorney General Pam Bondi criticized Boasberg in a statement, arguing that he “supported Tren de Aragua terrorists over the safety of Americans.” She added that the DOJ would be “undeterred” while collaborating with the White House and the Department of Homeland Security to “stop this invasion.”
White House Press Secretary Karoline Leavitt praised the operation as a success, asserting it had “saved countless American lives” by removing the alleged TdA members, although they had been held in U.S. immigration detention for a period prior to deportation. “Thanks to the great work of the Department of State, these heinous monsters were extracted and removed to El Salvador where they will no longer be able to pose any threat to the American People,” Leavitt stated.
Leavitt's comments did not address the judge’s order issued Saturday, which came as a plane-tracking database indicated a deportation flight had departed Harlingen, Texas, that afternoon and was approximately an hour and 15 minutes from landing in San Salvador. The plane took off during a break Boasberg called in the hearing, allowing a Justice Department lawyer to verify if any deportation flights were imminent.
While many Trump administration officials refrained from discussing the court order publicly, Elon Musk, who leads Trump’s Department of Government Efficiency, responded to various posts on X criticizing the judge’s ruling, reinforcing calls for his impeachment. “Necessary,” Musk replied to Rep. Brandon Gill's announcement that he was filing “Articles of Impeachment against activist judge James Boasberg.” Musk also responded to Bukele's post with his own tears-of-joy emoji.
A lawyer opposing the deportations argued during Saturday's court hearing that the images released by Bukele underscored the necessity of halting such transfers until further court action could take place. “The video of these men in El Salvador starkly reinforces that the Court was correct in moving quickly to stop any further flights until the legal issue could be fully considered,” said Lee Gelernt of the ACLU.
Despite the Trump administration's claims that all those deported were gang members, the criteria for those determinations remains murky. Lawyers representing some deportees contended that their clients had no gang affiliations and lacked final orders of removal from a U.S. immigration judge.
Trump invoked the Alien Enemies Act—a law dating back to 1798, used only thrice in U.S. history during wartime—to circumvent federal immigration law and override any asylum claims or legal protections the alleged gang members might seek in U.S. immigration or federal courts. The Justice Department asserted that Trump possesses unilateral authority to determine who poses a significant risk to national security.
Boasberg’s ruling was a response to legal action taken on behalf of five named Venezuelan immigrants. Earlier that day, the judge barred the deportation of those plaintiffs. A Justice Department attorney stated that the government adhered to that order and did not deport the individuals named.
However, post-hearing, the judge expanded his order to include anyone being deported under Trump's alien-enemy proclamation. As Boasberg directed around 6:45 p.m. on Saturday, “Any plane containing these folks that is going to take off or is in the air needs to be returned to the United States however that is accomplished. Make sure it’s complied with immediately.”
A temporary restraining order of 14 days was imposed by the judge to allow sufficient time to advance the litigation regarding the legality of Trump’s use of the historical law. The Justice Department appealed both of Boasberg's orders to the D.C. Circuit Court of Appeals and sought an emergency stay. Although the appeals court did not react immediately, it issued an order Sunday to establish a schedule for further filings in the case.
Trump officials had been preparing for months to enact the proclamation, which he signed on Friday and released to the public on Saturday. This action utilizes the Alien Enemies Act to enhance the expeditious removal of foreigners during wartime, enabling the government to arrest, detain, and deport undocumented migrants aged 14 and above from nations perceived as threatening an “invasion or predatory incursion” against the U.S. “I find and declare that TdA is perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States,” Trump stated in his declaration.
The exact number of prisoners deported under Trump’s decree remains uncertain. Leavitt indicated that approximately 300 deportees were involved, while Bukele reported a total of 238. Some of these included individuals alleged to be members of a different gang not mentioned in Trump’s proclamation, MS-13.
The video shared by Bukele illustrated three American-registered passenger jets being unloaded in San Salvador. Plane tracking services showed that at least one of the aircraft traveled to El Salvador through Honduras, suggesting it landed and took off again for San Salvador after Boasberg had ordered the deportees to be returned to the U.S.
Allen M Lee contributed to this article for TROIB News
On Saturday evening, a federal judge issued an atypical order mandating that all aircraft transporting individuals affected by Trump’s declaration under the Alien Enemies Act return to the U.S. However, one plane carrying Venezuelan deportees continued to San Salvador, discharging its passengers to a contingent of Salvadoran soldiers, police, and videographers.
El Salvador’s President, Nayib Bukele, shared chilling footage on X that resembled scenes from an action film, showing soldiers escorting tattooed men off an aircraft, compelling them to kneel on the ground while being taken to buses, and having their heads shaved by masked guards.
Responses from Bukele and Trump supporters, mocking the judge's ruling, contributed to a sentiment of ineffectiveness surrounding the U.S. legal system during Trump’s second term. “Oopsie…Too late,” Bukele remarked, sharing a tears-of-joy emoji alongside a New York Post headline regarding the judge’s order for the plane to return.
Bukele further explained that the transfer of prisoners was part of an agreement with the U.S. after discussions last month with Secretary of State Marco Rubio. He noted that for a “low fee” paid by the U.S., members of the alleged Tren de Aragua gang would be housed in El Salvador’s notorious Terrorism Confinement Center, a massive prison designed for over 40,000 inmates and criticized by human rights groups due to concerns about violence and overcrowding.
On Sunday afternoon, Justice Department attorneys filed a vague two-page document with Judge Boasberg, claiming that by the time he issued his order, the planes carrying deportees had already left U.S. jurisdiction. “Some gang members subject to removal under the Proclamation had already been removed from United States territory under the Proclamation before the issuance of this Court’s … order,” the Justice Department claimed.
The DOJ's filing also suggested that Boasberg's order didn’t take effect until it was noted in the court’s electronic records at 7:26 p.m., even though the judge delivered the order verbally about 45 minutes earlier, insisting it had to be “complied with immediately.”
Attorney General Pam Bondi criticized Boasberg in a statement, arguing that he “supported Tren de Aragua terrorists over the safety of Americans.” She added that the DOJ would be “undeterred” while collaborating with the White House and the Department of Homeland Security to “stop this invasion.”
White House Press Secretary Karoline Leavitt praised the operation as a success, asserting it had “saved countless American lives” by removing the alleged TdA members, although they had been held in U.S. immigration detention for a period prior to deportation. “Thanks to the great work of the Department of State, these heinous monsters were extracted and removed to El Salvador where they will no longer be able to pose any threat to the American People,” Leavitt stated.
Leavitt's comments did not address the judge’s order issued Saturday, which came as a plane-tracking database indicated a deportation flight had departed Harlingen, Texas, that afternoon and was approximately an hour and 15 minutes from landing in San Salvador. The plane took off during a break Boasberg called in the hearing, allowing a Justice Department lawyer to verify if any deportation flights were imminent.
While many Trump administration officials refrained from discussing the court order publicly, Elon Musk, who leads Trump’s Department of Government Efficiency, responded to various posts on X criticizing the judge’s ruling, reinforcing calls for his impeachment. “Necessary,” Musk replied to Rep. Brandon Gill's announcement that he was filing “Articles of Impeachment against activist judge James Boasberg.” Musk also responded to Bukele's post with his own tears-of-joy emoji.
A lawyer opposing the deportations argued during Saturday's court hearing that the images released by Bukele underscored the necessity of halting such transfers until further court action could take place. “The video of these men in El Salvador starkly reinforces that the Court was correct in moving quickly to stop any further flights until the legal issue could be fully considered,” said Lee Gelernt of the ACLU.
Despite the Trump administration's claims that all those deported were gang members, the criteria for those determinations remains murky. Lawyers representing some deportees contended that their clients had no gang affiliations and lacked final orders of removal from a U.S. immigration judge.
Trump invoked the Alien Enemies Act—a law dating back to 1798, used only thrice in U.S. history during wartime—to circumvent federal immigration law and override any asylum claims or legal protections the alleged gang members might seek in U.S. immigration or federal courts. The Justice Department asserted that Trump possesses unilateral authority to determine who poses a significant risk to national security.
Boasberg’s ruling was a response to legal action taken on behalf of five named Venezuelan immigrants. Earlier that day, the judge barred the deportation of those plaintiffs. A Justice Department attorney stated that the government adhered to that order and did not deport the individuals named.
However, post-hearing, the judge expanded his order to include anyone being deported under Trump's alien-enemy proclamation. As Boasberg directed around 6:45 p.m. on Saturday, “Any plane containing these folks that is going to take off or is in the air needs to be returned to the United States however that is accomplished. Make sure it’s complied with immediately.”
A temporary restraining order of 14 days was imposed by the judge to allow sufficient time to advance the litigation regarding the legality of Trump’s use of the historical law. The Justice Department appealed both of Boasberg's orders to the D.C. Circuit Court of Appeals and sought an emergency stay. Although the appeals court did not react immediately, it issued an order Sunday to establish a schedule for further filings in the case.
Trump officials had been preparing for months to enact the proclamation, which he signed on Friday and released to the public on Saturday. This action utilizes the Alien Enemies Act to enhance the expeditious removal of foreigners during wartime, enabling the government to arrest, detain, and deport undocumented migrants aged 14 and above from nations perceived as threatening an “invasion or predatory incursion” against the U.S. “I find and declare that TdA is perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States,” Trump stated in his declaration.
The exact number of prisoners deported under Trump’s decree remains uncertain. Leavitt indicated that approximately 300 deportees were involved, while Bukele reported a total of 238. Some of these included individuals alleged to be members of a different gang not mentioned in Trump’s proclamation, MS-13.
The video shared by Bukele illustrated three American-registered passenger jets being unloaded in San Salvador. Plane tracking services showed that at least one of the aircraft traveled to El Salvador through Honduras, suggesting it landed and took off again for San Salvador after Boasberg had ordered the deportees to be returned to the U.S.
Allen M Lee contributed to this article for TROIB News
