The Trump administration deported hundreds of immigrants to El Salvador, even as a federal judge issued an order temporarily blocking their removal under a rarely invoked wartime law, officials confirmed Sunday. The deportation flights were already in the air when the ruling was issued.
US District Judge James E. Boasberg issued an order on Saturday to pause the deportations. However, lawyers informed him that two planes carrying immigrants had already departed—one bound for El Salvador and another for Honduras.
Though Boasberg verbally instructed authorities to turn the flights around, the directive was not included in his written order, and the deportations proceeded.
White House Press Secretary Karoline Leavitt dismissed allegations that the administration had ignored the court order.
"The administration did not ‘refuse to comply’ with the ruling," she stated, arguing that the decision had no legal basis and that those deported were “terrorist TdA aliens” who had already left US soil before the order took effect.
The acronym TdA refers to the Tren de Aragua gang, which was the focus of Trump’s presidential proclamation issued on Saturday.
In a court filing on Sunday, the Department of Justice, which is appealing the ruling, assured that it would not use Trump’s proclamation for additional deportations unless the court’s decision was overturned.
Speaking to reporters aboard Air Force One, Trump avoided directly addressing whether his administration had defied the judge’s order. "I don’t know. You’d have to ask the lawyers," he said.
However, he defended the removals, calling the deported individuals "bad people." He also justified invoking presidential wartime powers, claiming the country faced an "invasion" of criminal migrants.
Trump allies welcomed the move. Salvadoran President Nayib Bukele, who agreed to house 300 deportees for a year at a cost of $6 million in his country’s prisons, mockingly commented on social media: "Oopsie… Too late." His post was shared by White House Communications Director Steven Cheung.
Secretary of State Marco Rubio, who had previously negotiated an agreement with Bukele, stated that over 250 suspected Tren de Aragua members were transferred to El Salvador, where they would be detained in high-security prisons.
He noted that this arrangement would also reduce US taxpayer expenses.
Legal experts, however, questioned the administration’s actions. Steve Vladeck, a professor at Georgetown University Law Center, argued that while Boasberg’s verbal order to halt the flights was not formally included in his written ruling, the administration had violated the "spirit" of the decision.
He warned that such actions could prompt future judges to issue more explicit directives.
The deportations followed Trump’s invocation of the Alien Enemies Act of 1798, a law historically used only during wartime.
This legislation, previously enforced during the War of 1812 and World Wars I and II, grants the president extraordinary powers to detain or expel foreign nationals.
The law was last used to justify the internment of Japanese Americans during World War II.
Venezuela’s government condemned Trump’s use of the act, likening it to some of history’s darkest moments, including slavery and Nazi concentration camps.
Tren de Aragua, a violent gang originating from a notorious Venezuelan prison, emerged as a key focus of Trump’s rhetoric during his campaign.
However, critics argue that he exaggerated their influence to depict immigrant communities as overrun by criminals.
Despite the administration’s claims, it has not provided evidence that those deported were members of Tren de Aragua or had committed crimes in the US Additionally, two leaders of El Salvador’s MS-13 gang were among those deported.
Footage released by El Salvador’s government on Sunday showed shackled men disembarking from planes under heavy security.
They were later transported in a military-escorted convoy to the CECOT prison, a high-security facility central to Bukele’s crackdown on crime. In the video, the men were seen kneeling as their heads were shaved before being given prison uniforms.
Immigration lawyers argue that Trump’s proclamation could allow the deportation of any Venezuelan immigrant under the mere suspicion of gang affiliation, without due process.
Adam Isacson, from the Washington Office on Latin America, warned that any Venezuelan in the US could now face removal based on unproven claims.
The legal battle began when five Venezuelan detainees in Texas challenged their deportations, fearing wrongful association with Tren de Aragua.
Boasberg initially blocked their removal but later expanded the ruling to include all detainees who might be targeted under the act.
He emphasized that the law had never been applied outside of a formal congressional war declaration and questioned whether Trump had overstepped his authority.
The judge’s temporary restraining order will remain in effect for 14 days, keeping the affected immigrants in federal custody while the case is reviewed. A hearing is scheduled for Friday to further examine the legality of Trump’s order.
Boasberg justified his decision by asserting that those at risk of unconstitutional deportation deserved the opportunity to challenge their removal in court. "Once they’re out of the country," he said, "there’s little I could do."
Source: With input from agency
MSH
