On Saturday evening, US District Judge James Boasberg blocked the Trump administration for 14 days from using the Alien Enemies Act, with American Civil Liberties Union (ACLU) attorney Lee Gelernt stating, during Saturday’s hearing, that there were two aircraft believed to be carrying Venezuelan deportees that took off from the US on Saturday, per the Wall Street Journal.
Boasberg said that "any plane containing these folks that is going to take off or is in the air needs to be returned to the United States," and that his order was "something we need to make sure is complied with immediately." His written order, however, did not explicitly mention flights that were still in the air.
White House press secretary Karoline Leavitt said in a statement, "The Administration did not ‘refuse to comply’ with a court order." The order was "issued after terrorist TdA aliens had already been removed from US territory. The written order and the Administration’s actions do not conflict." The outlet noted, "Typically lawyers view orders issued orally by judges as carrying full legal weight."
El Salvador President Nayib Bukele shared a post early Sunday morning showing the arrival of the gang members in the Central American nation. He wrote that "the first 238 members of the Venezuelan criminal organization, Tren de Aragua, arrived in our country. They were immediately transferred to CECOT, the Terrorism Confinement Center, for a period of one year (renewable). The United States will pay a very low fee for them, but a high one for us."
"On this occasion, the US has also sent us 23 MS-13 members wanted by Salvadoran justice, including two ringleaders. One of them is a member of the criminal organization’s highest structure," he added. "This will help us finalize intelligence gathering and go after the last remnants of MS-13, including its former and new members, money, weapons, drugs, hideouts, collaborators, and sponsors."
Bukele also shared a screenshot of a headline talking about the judge’s order, responding, "Oopsie…Too late."
In a Sunday filing, attorneys for the Trump administration wrote, "Federal Defendants further report, based on information from the Department of Homeland Security, that 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 second order." It stated that "Federal Defendants were promptly notified of the Court’s temporary restraining order issued in the morning and the 7:26 PM EDT minute order that temporarily enjoined any removals pursuant to the Presidential Proclamation."
Politico reported that the judge issued the order verbally around 45 minutes before the 7:26 pm electronic filing. One of the flights that departed from Texas was around one hour and 15 minutes away from landing in El Salvador as the judge's order came down.
The Trump administration has appealed the order, arguing that Judge Boasberg overstepped his authority. One senior White House official told Axios, "This is headed to the Supreme Court. And we're going to win." Leavitt told the outlet, "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." A second senior administration official told the outlet, "They were already outside of US airspace. We believe the order is not applicable."
According to Axios, White House officials discussed whether to turn the planes around, but continued ahead on the advice of administration lawyers. "There was a discussion about how far the judge's ruling can go under the circumstances and over international waters and, on advice of counsel, we proceeded with deporting these thugs," said a senior official.
