White House Disputes Judge’s Decision on El Salvador Deportation Flights

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The White House challenges a federal judge’s ruling to block deportation flights to El Salvador under the Alien Enemies Act, marking a rare repeal of an 18th-century statute.

Key Takeaways

  • Trump administration proceeded with deportations despite a federal judge’s order to halt them.
  • The deportations involved alleged gang members under the Alien Enemies Act of 1798.
  • El Salvador President Nayib Bukele mocked the court order and welcomed deportees.
  • The White House and DOJ are appealing the legal grounds of the judicial order.
  • Venezuela’s government condemned the use of the Alien Enemies Act.

Federal Deportation Halt Contested

The Trump administration continued deportations to El Salvador despite a federal judge’s temporary restriction. Hundreds were sent, including those labeled as gang affiliates. Judge James E. Boasberg issued an order against these flights, yet many flights were already en route to El Salvador and Honduras.

Legal Justification and Oversteps

The administration claims the court’s order lacks legal grounding, asserting it was issued after the deportations had taken place. This assertion highlights that the Alien Enemies Act allows deportation without judicial hearings. “The administration did not ‘refuse to comply’ with a court order. The order, which had no lawful basis, was issued after terrorist TdA aliens had already been removed from U.S. territory,” stated White House press secretary Karoline Leavitt.

Assertions were further strained as a proclamation previously unknown, targeting the Tren de Aragua gang, surfaced as the basis for the deportations. “If the Democrats want to argue in favor of turning a plane full of rapists, murderers, and gangsters back to the United States, that’s a fight we are more than happy to take,” said Leavitt.

Reaction and Response

El Salvador President Nayib Bukele humorously acknowledged the judicial order and agreed to accept the deported individuals, including potential gang affiliates. “Oopsie…Too late,” chided Bukele. The White House is continuing to address the legal implications as the Department of Justice appeals the judge’s order. Venezuelan officials have expressed vehement opposition, equating the use of this act to historical wartime actions.

Within the U.S., debates arise over the legality and ethics of such deportations without courtroom proceedings. With flights already outside U.S. airspace by the court order’s issue, the administration has leaned on this timing to justify its actions, while critics warn of overstepping judicial authority, possibly sparking a constitutional crisis.

Sources:

  1. Trump administration deports hundreds of immigrants even as a judge orders their removals be stopped
  2. Exclusive: How the White House ignored a judge’s order to turn back deportation flights
  3. White House blasts judge for attempting to halt deportation flights to El Salvador: ‘No lawful basis’