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The Trump administration announced Sunday that nearly 300 immigrants alleged to be members of the Venezuelan gang Tren de Aragua were deported to El Salvador under the Alien Enemies Act of 1798, despite a federal judge’s ruling temporarily blocking the deportations.
White House press secretary Karoline Leavitt defended the move, saying the deportees are now behind bars in El Salvador instead of “roaming freely in American communities.”
The deportations raise legal and constitutional questions, as it remains unclear whether they occurred before or afterthe judge’s ruling took effect.
Did the Administration Defy the Court Order?
On Saturday, Chief Judge James Boasberg of the U.S. District Court in Washington, D.C., issued a temporary restraining order blocking deportations of all non-U.S. citizens in custody under Trump’s Alien Enemies Act proclamation.
Boasberg explicitly ordered that any deportation flights carrying these individuals must return to the U.S. However, he clarified that his ruling did not apply to migrants who had already landed in a foreign country before the order was issued.
According to a government court filing on Sunday, “some gang members subject to removal under the Proclamation had already been removed from United States territory” before the order.
However, it remains unclear whether any deportees had already landed in El Salvador or if the administration continued deportations after the ruling.
Flight Tracking Raises Questions
NBC News analyzed flight tracking data, revealing that a blue Global X plane left Harlingen, Texas, on Saturday afternoon and landed at El Salvador International Airport about an hour after the judge’s ruling.
Salvadoran President Nayib Bukele later posted a video on X showing dozens of detainees being taken into custody from a blue Global X plane by heavily armed Salvadoran authorities.
While it is not confirmed if this was one of the two flights that were in transit during the ruling, the timeline suggests that at least some deportations may have occurred after the court order.
Legal & Political Fallout
The American Civil Liberties Union (ACLU) and Democracy Forward, who filed the lawsuit challenging Trump’s use of the Alien Enemies Act, have demanded assurances from the government that no deportations occurred in violation of the judge’s order.
“The government has not responded as of early Sunday afternoon,” said ACLU attorney Lee Gelernt.
NYU law professor Stephen Gillers warned that if the administration ignored the court order, it could signal a constitutional crisis.
“If the administration is allowed to violate a court order with impunity, we could be barreling toward a constitutional crisis,” Gillers said. “The judiciary is the last check against the autocratic exercise of power.”
Trump Administration Defends Deportations
Despite legal challenges, Trump administration officials celebrated the deportations:
- Secretary of State Marco Rubio thanked Bukele for agreeing to imprison the deportees, calling them “violent criminals”.
- Leavitt praised the operation, calling the deportees “heinous monsters” who will “no longer pose a threat” to Americans.
- Bukele himself mocked the judge’s ruling, posting “Oopsie… Too late 😂” on X alongside a news headline about the block.
What’s Next? Supreme Court Battle?
Two senior Trump officials told NBC News that they expect the legal fight over Trump’s use of the Alien Enemies Act to reach the Supreme Court.
“We believe the administration will ultimately win in the Supreme Court,” one official said.
For now, the court battle continues, and the fate of Trump’s deportation policy remains uncertain.
