The Justice Department revealed on Tuesday that Kristi Noem, the Secretary of Homeland Security during the Trump administration, was responsible for the decision to disregard a federal judge’s order regarding the deportation of suspected Venezuelan gang members. The deportations were carried out under the controversial Alien Enemies Act, which the administration invoked for these individuals.
In a recent court filing, officials from the Justice Department outlined the sequence of communications related to U.S. District Judge James Boasberg’s March 15 order. This order directed the administration to return alleged members of the Tren de Aragua gang to the U.S. and prevented the federal government from deporting individuals covered by the Alien Enemies Act without due process. Despite this directive, the administration proceeded with flights to El Salvador, moving 261 detainees from the U.S. before the court’s ruling took effect.
The filing marked the first time specifics surrounding the decision within the Trump administration were disclosed. Judge Boasberg has indicated plans to consider criminal contempt proceedings against those involved in authorizing the flights, voicing his concerns that the deportees may not have received adequate legal representation.
The Justice Department’s disclosure came as part of an effort to provide clarity on the actions taken during this contentious time. The administration maintained that its actions were lawful and aligned with a reasonable interpretation of Boasberg’s directives, even suggesting that the deportations of those already removed were unaffected by his subsequent order.
The situation has drawn attention, particularly with allegations from a whistleblower regarding former Principal Deputy Attorney General Emil Bove, who allegedly advised colleagues to contemplate ignoring court orders. Bove denied these claims during his Senate confirmation hearings, asserting that he never instructed any Justice Department attorney to defy a court ruling.
As discussions continue around potential hearings in relation to these events, including those involving significant Trump administration figures, the case highlights ongoing tensions between the judiciary and executive branches regarding immigration policy. The outcome of Judge Boasberg’s inquiries may pave the way for important discussions about due process and executive authority moving forward.