White House Denies Flouting Judge’s Order in Deportation of Alleged Gang Members
The White House has disputed accusations from human rights organizations, asserting they did not violate due process by disregarding a judge’s directive during weekend deportations.
A substantial group, including 238 purported Venezuelan gang members and 23 alleged members of the international MS-13 gang, were repatriated from the United States to a prison in El Salvador. Some deportations fell under a law not invoked since World War Two.
This action occurred despite a temporary judicial block. The White House contended that the judge’s order was unlawful and issued after the group’s removal.
Neither the US government nor El Salvador has disclosed the identities of the detainees or provided information about their alleged criminal behavior or gang affiliations.
Trump Invokes Alien Enemies Act Citing National Security
Announcing the action on Saturday, the day after authorizing it, former President Trump accused the Tren de Aragua (TdA) gang of “perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States.”
He cited the Alien Enemies Act, a legislative measure dating back to 1798, designed to allow the deportation of non-citizens during times of war or invasion. Critics have questioned the basis for Trump’s justification.
The White House stated that the Act was employed to process 137 of the total 261 individuals deported.
The rationale for the remaining deportations remains unclear, and details about the group as a whole have not been released.
Several relatives, who believe their family members were among those deported, told The New York Times that their loved ones had no gang ties.
Conversely, the White House has maintained that authorities are “certain” of the detainees’ gang affiliations, based on intelligence.
The situation raises constitutional concerns, as US checks and balances typically require government agencies to adhere to federal court rulings.
A hearing to gather more information about the Trump administration’s use of the Alien Enemies Act is scheduled for 16:00 EDT (20:00 GMT) on Monday.
Timeline of Events and Administration’s Response
The order to halt the deportations was issued by US District Judge James Boasberg on Saturday evening, who requested a 14-day pause pending further legal arguments.
After attorneys informed the judge that flights carrying deportees had already departed, Boasberg reportedly issued a verbal order for the planes to turn back, although this directive was not included in his written ruling.
White House press secretary Karoline Leavitt refuted claims of violating the court ruling.
“The administration did not ‘refuse to comply’ with a court order,” she stated. “The order, lacking a legal basis, was issued after the TdA (Tren de Aragua) aliens had already been removed from US territory.”
The Justice Department echoed Leavitt, stating that the deportees had already left before the judge’s ruling, which they have since appealed.
However, a timeline of events reported by US media suggests the Trump administration potentially had the opportunity to halt at least some of the deportations.
Reported Timeline of the March 15 Deportations
- 17:25 EDT: A first flight, believed to be carrying deportees, departs Texas, according to Flightradar24. This occurred while Judge Boasberg’s hearing was paused. Earlier that afternoon, the White House had announced Trump’s invocation of the Alien Enemies Act.
- 17:44 EDT: A second flight, also believed to be carrying deportees, departs from Texas based on Flightradar24 data.
- 18:05 EDT: Boasberg’s hearing resumes; the government declines to state whether deportations are ongoing, according to ABC News.
- 18:46 EDT: Boasberg orders the government to reroute the two planes if they are carrying non-citizens, as reported by ABC News.
- 19:26 EDT: Boasberg issues his written order for a temporary restraining order, according to ABC News.
- 19:36 EDT: A third flight believed to be carrying deportees leaves Texas, according to Flightradar24.
Tom Homan, Trump’s border chief, told reporters at the White House on Monday that the former president “did exactly the right thing.”
“The plane was already over international waters with a plane full of terrorists and significant public safety threats,” he said. “We removed terrorists. That should be celebrated in this country.”
El Salvador President Nayib Bukele confirmed the arrival of the deportees. “Oopsie… Too late,” he wrote on social media, referencing the judge’s order. His team also released footage of some of the men inside one of the country’s mega-jails.
The White House disclosed that El Salvador’s government received $6 million (£4.62 million) to accept the detainees, which Leavitt characterized as “pennies on the dollar” compared to the cost of incarcerating them in US prisons.
Human rights organizations have accused Trump of circumventing due process by utilizing a 227-year-old law.
The American Civil Liberties Union (ACLU) questioned Trump’s use of a broad wartime authority allowing expedited deportations. “I think we’re in very dangerous territory here in the United States with the invocation of this law,” said Lee Gelernt from the ACLU.
The Alien Enemies Act was designed to allow deportations only when the US was in a declared war with that foreign government, or was being invaded, Mr Gelernt said. “A gang is not invading,” he told BBC News.
The act was last used during World War Two to intern Japanese-American civilians.
Furthermore, “the administration is saying nobody can review what they’re doing”, Mr. Gelernt added.
Amnesty International USA stated that the deportations were “yet another example of the Trump administration’s racist targeting” of Venezuelans “based on sweeping claims of gang affiliation.”
Venezuela itself criticized Trump, stating he “unjustly criminalises Venezuelan migration.”
The latest deportations under Trump’s second term align with his long-standing campaign against illegal immigration.
Additionally, the US president has sought to strengthen relationships with El Salvador.
The two gangs involved in the weekend deportations were designated as “foreign terrorist organizations” by Trump after returning to the White House in January.