WASHINGTON: The Trump administration has deported over 200 Venezuelans from the United States to a sprawling prison in El Salvador, even as a federal judge ordered their return to the U.S.
The White House said in a statement that it wasn’t defying the court but at the same time argued that it was perfectly within its rights to ignore the judge’s ruling.
“A single judge in a single city cannot direct the movements of an aircraft carrier full of foreign alien terrorists who were physically expelled from U.S. soil,“ White House press secretary Karoline Leavitt said in a statement.
A federal judge in Washington, D.C., had earlier blocked President Donald Trump’s application of the Alien Enemies Act, an 18th century law best known for its use in rounding up U.S. residents of Japanese descent and placing them in internment camps without trial during World War II.
Trump had sought to use the Act’s seldom-used wartime powers to rapidly deport alleged members of Tren de Aragua, a Venezuelan gang that has been linked to kidnapping, extortion and contract killings.
In a Saturday evening hearing, U.S. District Judge James 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.”
During the hearing, Boasberg said 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).
Reuters could not immediately determine when the plane or planes carrying the deported Venezuelans landed in El Salvador, but footage published by the Salvadoran government showed men being hustled off a plane in the dark of night amid a massive security presence.
“Oopsie... Too late,“ El Salvador’s President Nayib Bukele posted to the social media site X 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 later thanked Bukele for his “assistance and friendship.”
In a court filing on Sunday, the Trump administration said that “some” of the Venezuelans had already been removed from the United States prior to the judge’s order, but did not provide any further detail or comment. It was not clear how many people that it represented or under what circumstances they had been deported.
The American Civil Liberties Union, which challenged Trump’s use of the act, has asked the administration to ensure that it has not removed any migrants in violation of the order, lead ACLU attorney Lee Gelernt told Reuters.
“If anyone was turned over to a foreign government after the court’s order, then we would hope that the United States government would work with that foreign government to get the individuals back,“ Gelernt said.
The U.S. Department of Homeland Security, the State Department and the Salvadoran government did not respond to requests for comment.
The 238 men - alleged members of the Venezuelan gang - were being transferred to the Terrorism Confinement Center - a mega-prison that can hold up to 40,000 inmates - for a one-year period that could be renewed, Bukele said.
