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The Trump administration has sent over 200 Venezuelans back to a massive prison in El Salvador, despite a federal judge’s order to return them to the U.S., as reported by Reuters.
The White House responded by stating that it was not defying the court’s ruling, while also asserting its authority to disregard the judge’s instructions.
“A single judge in one location cannot dictate the actions of a naval carrier full of foreign aliens who have been forcibly removed from U.S. territory,” proclaimed White House Press Secretary Karoline Leavitt.
Previously, a federal judge in Washington, D.C., had prohibited President Trump from implementing the Alien Enemies Act. This 18th-century law was notably used to intern U.S. residents of Japanese descent during World War II without trial.
Trump aimed to invoke the seldom-used wartime provisions of the Act to expedite the deportation of members of Tren de Aragua, a Venezuelan gang linked to various crimes including kidnapping and murder.
During a hearing on Saturday evening, U.S. District Judge James Boasberg halted the application of the law for 14 days, noting that it pertains to “hostile acts” by foreign nations that are “akin to war.”
During the session, Boasberg ordered that any flights transporting migrants processed under this law should return to the U.S. His written notice was filed at 7:25 PM.
In a social media post, El Salvador’s President Nayib Bukele quipped, “Oopsie… Too late,” above a headline stating, “Federal judge orders deportation flights carrying alleged Venezuelan gang members to return to the U.S.” He followed up with a laughing emoji, a sentiment echoed by U.S. Secretary of State Marco Rubio, who thanked Bukele for his “help and friendship.”
In a court document on Sunday, the Trump administration claimed that “some” of the Venezuelans had already been deported from the U.S. prior to the judge’s ruling, but provided no further details. It remains unclear how many were affected or the circumstances of their deportations.
The American Civil Liberties Union, which is contesting Trump’s use of the Act, requested the administration to ensure that no migrants were removed in violation of the order. ACLU attorney Lee Gelernt stated to Reuters, “If anyone was handed over to a foreign government after the court’s ruling, we hope the U.S. will collaborate with that nation to retrieve them.”
Requests for comments from the U.S. Department of Homeland Security, the State Department, and the Salvadoran government went unanswered.
The 238 men, alleged members of the Venezuelan gang, were being moved to a high-security facility known as the Terrorism Confinement Center, which has the capacity to accommodate up to 40,000 inmates, for an initial period of one year, which may be extended, according to Bukele.