Did Trump Administration Defy Immigration Court Order? What To Know As White House Suggests Immigrants Deported Under Alien Enemies Act
by Alison Durkee · ForbesTopline
Secretary of State Marco Rubio said Sunday morning the Trump administration had sent more than 250 alleged members of Venezuelan gang Tren de Aragua to El Salvador, raising questions about whether the Trump administration violated a court order prohibiting it from deporting alleged members of Tren de Aragua under the Alien Enemies Act.
Key Facts
Judge James Boasberg issued a ruling Saturday evening blocking President Donald Trump’s Saturday executive order that invoked the Alien Enemies Act and ordered the deportation of migrants believed to have ties to Tren de Aragua.
The court order blocked the Trump administration from removing any noncitizens in U.S. custody subject to Trump’s executive order, unless they were otherwise “subject to removal” from the U.S., for at least 14 days—including ordering flights that were already midair to turn around and return to the U.S., Politico reports.
Despite Boasberg’s order, Rubio said on X on Sunday morning the Trump administration had “sent over 250 alien enemy members of Tren de Aragua” to El Salvador to be held in prisons there, also sharing video from El Salvador President Nayib Bukele appearing to show migrants arriving in El Salvador at night.
White House press secretary Karoline Leavitt also confirmed Sunday morning migrants had been removed from the U.S., saying the Trump administration had arrested nearly 300 members of Tren de Aragua “at the president’s direction,” and “these heinous monsters were extracted and removed to El Salvador where they will no longer be able to pose any threat to the American People.”
It’s still unclear whether the Trump administration directly deported them under the executive order in defiance of Boasberg’s ruling, and the White House directed Forbes to Leavitt’s statement when approached for comment about whether the removals were in line with the court order.
Did The Trump Administration Violate Boasberg’s Court Order?
It’s still unclear whether the Trump administration directly violated the court order, given the provision in Boasberg’s order that the migrants could still be deported if they were otherwise subject to removal under a different provision of immigration law. The Trump administration has also not yet commented on whether the migrants arrived in El Salvador after the judge’s order was issued. El Salvador is two time zones behind the U.S. and the video Bukele shared shows them arriving at night, however, which The New York Times suggested potentially makes it more likely they did arrive after the order had been issued. Leavitt in an interview Sunday on Fox News denied the Trump administration ever acting unlawfully, claiming in response to a general question about judges who had issued rulings against the administration, “Everything President Trump is doing is within his executive authority” and the president “is acting within the bounds of the law.” “All of his actions are constitutional,” Leavitt said on “Sunday Morning Futures,” claiming federal judges are “acting as activists, not real arbiters of the law.”
Crucial Quote
Bukele shared a headline about Boasberg’s order blocking the deportations on X on Sunday morning, writing, “Oopsie… Too late,” and posting a laughing emoji.
What To Watch For
Boasberg’s ruling is only a temporary ruling in the case while litigation moves forward, blocking Trump’s executive order for 14 days or until a further order in the case is issued.
What Is Tren De Aragua?
Tren De Aragua is a criminal organization that formed in a Venezuelan prison but has spread throughout Latin America, with reports of gang activity in Chile, Brazil and Colombia, where Tren De Aragua was accused of 23 murders in 2022. There has been activity by the gang reported in the U.S., including 10 alleged gang members being indicted in New York City in January for alleged gun trafficking, and Tren de Aragua allegedly operating a sex trafficking ring in Louisiana, Texas, Virginia, Florida and New Jersey. The Times notes their actions have largely targeted members of the Venezuelan community, and in New York City, the gang has also led operations including pickpocketing cell phones, retail theft and dealing drugs. While Tren de Aragua does have a confirmed presence in the U.S., it’s also been the subject of misinformation from Republicans, most notably when Trump made false claims during the presidential election of a “complete gang takeover” of Aurora, Colorado, by the group.
Who Was Deported?
Immigration attorneys have alleged some of the people swept up and potentially deported to El Salvador under the Trump administration’s efforts against Tren de Aragua were not actually members of the gang. The lawsuit that led to Boasberg’s order was brought on behalf of multiple migrants who say they were targeted by Immigration and Customs Enforcement despite not having any ties to Tren de Aragua, with several noting they had instead sought asylum in the U.S. because they were afraid of being victimized by the gang. One plaintiff also alleged they had been falsely targeted by immigration officials because they have tattoos. Lindsay Toczylowski, co-founder and CEO of the Immigrant Defenders Law Center, similarly said on X on Saturday she has a client who’s an LGBTQ artist from Venezuela, whom ICE had falsely claimed was a member of Tren de Aragua, submitting photos of his tattoos as evidence. The group’s client has now “been disappeared” ahead of a planned hearing Monday in which lawyers were due to submit evidence showing he was not a member of Tren de Aragua, Toczylowski said, and the organization believes he may have been sent to El Salvador despite not having the opportunity to prove his innocence at a hearing.
What Is The Alien Enemies Act?
The Alien Enemies Act gives presidents broad power to detain immigrants from countries the U.S. is at war with. Presidents can direct that “all natives, citizens, denizens, or subjects” of a country the U.S. is at war with, who are male and at least 14 years old, can be “apprehended, restrained, secured, and removed as alien enemies.” It can also be applied in cases involving “any invasion or predatory incursion [that]
is perpetrated, attempted, or threatened against the territory of the United States by any foreign nation or government.” The law, first enacted in 1798, is best known for being used against Japanese, Italian and German nationals during World War II, but has also been invoked during the War of 1812 and World War I. Trump invoked the law Saturday after floating during the presidential election that he could use it, claiming in his executive order Tren de Aragua was “undertaking hostile actions and conducting irregular warfare” against the U.S. “both directly and at the direction” of the Venezuelan government under President Nicolás Maduro.
Key Background
Trump’s hardline stance on immigration has been a centerpiece of his policy agenda, as the president has sought to ramp up deportations of undocumented immigrants, curbed asylum and refugee admissions and imposed tariffs on Mexico and Canada in part because he believed they were not doing enough to curb an influx of migrants into the U.S. Trump’s invocation of the Alien Enemies Act comes after reports of Trump officials being disappointed by the administration’s deportation efforts not moving faster, as immigration facilities have reportedly filled to capacity with arrested immigrants but deportations have not moved at the same pace. The deportations to El Salvador come as the Trump administration has sparked concerns the White House could defy the numerous court orders that have been issued against Trump’s policies, as Trump and his allies have ramped up attacks on the judiciary and Vice President JD Vance said in February that judges “aren’t allowed” to control Trump. There has previously not been an indication that the Trump administration has intentionally violated any court orders, however, and the administration has taken pains to say in court filings that it has followed rulings even that it disagrees with.