Trump administration deports Venezuelans despite court order

The Trump administration has deported alleged members of a Venezuelan gang from the U.S. despite a court order forbidding it from doing so, saying in an extraordinary statement that a judge did not have the authority to block its actions.

The deportation operation followed a move by Judge James Boasberg to block President Donald Trump’s use of the Alien Enemies Act’s wartime powers to rapidly deport more than 200 alleged members of Tren de Aragua, a Venezuelan gang that has been linked to kidnapping, extortion and contract killings.

“A single judge in a single city cannot direct the movements of an aircraft … full of foreign alien terrorists who were physically expelled from U.S. soil,” White House press secretary Karoline Leavitt said in a statement.

She said the court had “no lawful basis” and that federal courts generally have no jurisdiction over how a president conducts foreign affairs.

The turn of events represented a remarkable escalation in Trump’s challenge to the U.S. Constitution’s system of checks and balances and the independence of the judicial branch of government.

Patrick Eddington, a homeland security and civil liberties legal expert at the libertarian Cato Institute, said that, whatever it might say, the White House was in “open defiance” of the judge.

“This is beyond the pale and certainly unprecedented,” Eddington said, calling it the most radical test of America’s system of checks and balances since the Civil War.

When asked whether his administration had violated the court order, Trump deferred to the lawyers.

“I can tell you this: these were bad people,” Trump told reporters aboard Air Force One, referring to the alleged gang members.

‘COMMENSURATE TO WAR’

In a Saturday evening hearing, Boasberg blocked the use of the law for 14 days, saying the statute refers to “hostile acts” perpetrated by another country that are “commensurate to war.”

Trump said he was justified in using the Act because he saw the increase in immigration in recent years as similar to war.

“This is war. In many respects it’s more dangerous than war because, you know, in a war they have uniforms. You know who you’re shooting at, you know who you’re going after.”

Boasberg said during the hearing that any flights carrying migrants processed under the law should return to the U.S. His written notice hit the case docket at 7:25 p.m. ET (23:25 GMT).

The following day, El Salvador’s President Nayib Bukele posted footage to the social media site X showing men being hustled off a plane in the dark of night amid a massive security presence.
“Oopsie… Too late,” Bukele posted above a headline, “Fed judge orders deportation flights carrying alleged Venezuelan gangbangers to return to the US.”

Bukele followed the comment by a laughing-so-hard-I’m-crying emoji. His statement was reposted by U.S. Secretary of State Marco Rubio, who also thanked Bukele for his “assistance and friendship.”

In her statement, Leavitt said that “the written order and the Administration’s actions do not conflict” and that courts have “generally have no jurisdiction” over the president’s “powers to remove foreign alien terrorists from U.S. soil and repel a declared invasion.”

Although the Trump administration has variously described the Venezuelans as gang members, “monsters,” or “alien terrorists,” Reuters has not been able to independently verify if the men are gang members or have criminal records.

The U.S. Department of Homeland Security and the Salvadoran government did not respond to requests for comment. The State Department declined to comment.