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President Trump’s Justice Department responded to a federal judge’s order demanding that planes carrying Venezuelan gang members en route to Central America be turned back to the U.S.
On Saturday, Judge James Boasberg, an Obama appointee, issued a temporary restraining order (TRO) to halt the Trump administration’s deportation of thousands of Venezuelan nationals under the Alien Enemies Act. Far-left groups, including the ACLU and Democracy Forward, rushed to a D.C. court to block the deportations.
Judge Boasberg’s TRO paused deportations for 14 days. Later that day, he issued an emergency injunction, ordering the Trump administration to return planes carrying members of the Tren de Aragua gang.
“Any plane containing these folks that is going to take off or is in the air needs to be returned to the United States however that is accomplished,” Boasberg said, according to Politico. “Make sure it’s complied with immediately.”
Two flights were reportedly en route to Central America, with one likely already departed for El Salvador.
On Sunday, El Salvadoran President Nayib Bukele mocked Judge Boasberg after two flights carrying approximately 300 Venezuelan gang members landed in El Salvador. Bukele tweeted, “Oopsie…Too late,” alongside a screenshot of a New York Post headline about the judge’s order.
Bukele also shared a video of the first 238 Tren de Aragua members arriving in El Salvador, where they will be detained at the Terrorism Confinement Center (CECOT) for at least one year.
Later Sunday, the Trump DOJ updated the court, stating that the individuals had already been removed from U.S. territory when the order was issued, placing them outside the judge’s jurisdiction.
“For the reasons explained on the record, Federal Defendants object to this Court’s assertion of jurisdiction, including over the President’s exercise of powers vested in him by Article II. Subject to that objection, Federal Defendants were promptly notified of the Court’s temporary restraining order issued in the morning and the 7:26 PM EDT minute order that temporarily enjoined any removals pursuant to the Presidential Proclamation,” the DOJ wrote.
The DOJ added that it had sought emergency appellate relief and that the five plaintiffs named in the TRO had not been deported.
“Going forward, and in the absence of appellate relief, Federal Defendants will continue to protect the United States using authorities other than the Proclamation. Federal Defendants further report, based on information from the Department of Homeland Security, that some gang members subject to removal under the Proclamation had already been removed from United States territory under the Proclamation before the issuance of this Court’s second order,” the DOJ stated.
The DOJ did not clarify whether the planes were still in the air when the order was issued.
