In Washington, officials from the Trump administration revealed on Sunday that they had deported hundreds of immigrants labeled as members of a Venezuelan gang to El Salvador. This action was carried out under the Alien Enemies Act during wartime, despite a judge temporarily blocking the deportation efforts a day earlier.
White House Press Secretary Karoline Leavitt explained on Fox News’ “Sunday Morning Futures” that the President used his authority to send nearly 300 individuals to El Salvador. According to her, these individuals are now safely behind bars instead of freely moving through American communities.
It’s still uncertain how the government identified the 300 men as gang members or whether they received court or immigration hearings, since the Alien Enemies Act permits deportations without trial in wartime.
On Saturday, a judge ordered any flights involved in this action to return to the U.S. if they were already en route. However, migrants who had already landed elsewhere or were being removed for reasons not related to the proclamation were not covered by this ruling.
The government acknowledged in a Sunday filing that some gang members had already been deported before the judge’s order.
There remains ambiguity about whether any deported individuals had reached El Salvador before the judge’s decision or if the administration disregarded the ruling. The White House has yet to comment on the timing of these deportation flights.
President Trump invoked the 1798 Alien Enemies Act, rarely applied, alleging these immigrants were part of the Venezuelan gang Tren de Aragua. However, the American Civil Liberties Union and Democracy Forward filed a lawsuit beforehand, stating the administration planned to deport five Venezuelan men under this act.
Initially, a federal judge had issued a temporary block preventing the deportation of those five men. This was later extended to all non-citizens in custody affected by Trump’s declaration.
Chief Judge James Boasberg of the D.C. District Court stated on Saturday that any planes carrying deportees must return to the U.S., emphasizing the need to bring those individuals back.
According to a source, there were two flights with Venezuelans in the air when the judge made his ruling. NBC News has been unable to confirm if these planes turned back after the order.
A “Global X” plane took off from Texas’s Harlingen on Saturday afternoon, landing at El Salvador International shortly after the ruling. El Salvador’s President Nayib Bukele shared a video on X showing deportees being detained by heavily armed authorities in El Salvador.
NBC News couldn’t verify if the Venezuelans on those flights were the ones already in transit during the judge’s order.
Lee Gelernt, representing the ACLU, said on Sunday they requested government confirmation that no deportations occurred in violation of the court order, but were awaiting a response.
Stephen Gillers, a law professor at NYU, cautioned that ignoring a court order unchecked could lead the nation toward a constitutional crisis. He pointed out the judiciary remains a crucial check on presidential power, vital for maintaining the rule of law amidst government overreach.
Despite the judicial order, Trump officials celebrated the deportations. Secretary of State Marco Rubio thanked President Bukele, emphasizing that El Salvador took in these “violent criminals.” Rubio mentioned that “hundreds” of them had been expelled from the U.S.
Leavitt praised the deportations, attributing the success to the Department of State’s efforts. Her comments lacked any reference to the judge’s order, or if the actions complied with it.
In an interview on CBS News’ “Face the Nation,” Rubio reiterated his intent to eliminate Tren de Aragua members, labeling them as terrorists similar to other groups. He mentioned being tasked by the President to designate them as such.
Bukele posted on X that 238 Tren de Aragua members arrived in El Salvador. He also noted the deportation of 23 MS-13 members. Alongside a headline about the judge’s ruling, Bukele jokingly commented, “Oopsie… Too late,” adding a laughing emoji.
