Kristi Noem's Departure Flight Decision Upheld, Judge Says Administration Didn't Violate Order
The US Department of Justice has confirmed that Secretary of Homeland Security Kristi Noem made the final decision to allow a group of deportees bound for El Salvador to be handed over to the Central American country despite a judge's order to return them to the US.
The decision comes after U.S. District Judge James Boasberg issued a ruling that the government must turn around planes carrying deportees if necessary, following his verbal directive in March to halt mid-march deportation flights. The administration argued that it did not violate the judge's orders and that no further proceedings are warranted or appropriate.
According to the Justice Department filing, Noem concluded that the class of detainees who had been removed from the US before the Court's order could be transferred to the custody of El Salvador. The move was deemed lawful and consistent with a reasonable interpretation of the Court's order.
The flights in question were part of a Trump administration initiative to send accused Venezuelan gang members to El Salvador, which has faced criticism from courts and advocates who argue that deportees weren't given sufficient due process.
Judge Boasberg had previously ordered a temporary halt to removals under the Alien Enemies Act, including by returning deportation flights that had already taken off. He accused the government of disobeying those orders, citing probable cause for contempt proceedings.
However, an appeals court later tossed out Boasberg's finding of probable cause, and he has signaled his intention to resume his inquiry into whether the Trump administration violated his court order.
The American Civil Liberties Union, representing the plaintiffs, has requested that several Department of Homeland Security and Justice Department officials be called to testify in open court about their role in the decision not to turn the planes around.
The US Department of Justice has confirmed that Secretary of Homeland Security Kristi Noem made the final decision to allow a group of deportees bound for El Salvador to be handed over to the Central American country despite a judge's order to return them to the US.
The decision comes after U.S. District Judge James Boasberg issued a ruling that the government must turn around planes carrying deportees if necessary, following his verbal directive in March to halt mid-march deportation flights. The administration argued that it did not violate the judge's orders and that no further proceedings are warranted or appropriate.
According to the Justice Department filing, Noem concluded that the class of detainees who had been removed from the US before the Court's order could be transferred to the custody of El Salvador. The move was deemed lawful and consistent with a reasonable interpretation of the Court's order.
The flights in question were part of a Trump administration initiative to send accused Venezuelan gang members to El Salvador, which has faced criticism from courts and advocates who argue that deportees weren't given sufficient due process.
Judge Boasberg had previously ordered a temporary halt to removals under the Alien Enemies Act, including by returning deportation flights that had already taken off. He accused the government of disobeying those orders, citing probable cause for contempt proceedings.
However, an appeals court later tossed out Boasberg's finding of probable cause, and he has signaled his intention to resume his inquiry into whether the Trump administration violated his court order.
The American Civil Liberties Union, representing the plaintiffs, has requested that several Department of Homeland Security and Justice Department officials be called to testify in open court about their role in the decision not to turn the planes around.