


The Trump administration may soon have to clarify in court whether its decision to send more than 250 alleged members of Venezuelan gang Tren de Aragua to El Salvador violated a court order, as media reports and comments by Trump officials suggest the White House disregarded a ruling prohibiting the government from carrying out deportations under the Alien Enemies Act.
Secretary of State Marco Rubio speaks with reporters in La Malbaie, Quebec, Canada, on March 14.
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—verbally blocking the executive order in court at approximately 6:45 p.m. EDT, and then issuing a written order at 7:26 p.m. EDT.
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 the Central American country 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.”
In a court filing Sunday, government attorneys told Boasberg that the plaintiffs involved with the lawsuit are still in the U.S., but acknowledged some alleged Tren de Aragua members were removed from the U.S. under Trump’s executive order, which the government claimed was done prior to Boasberg’s evening ruling barring the Trump administration from deporting them.
After media reports suggested Trump officials did ignore the court’s ruling, the American Civil Liberties Union—which brought the lawsuit—asked Boasberg to order Trump officials to submit sworn declarations stating whether the flights to El Salvador took off before or after the judge’s ruling, saying the plaintiffs are “extremely concerned that ... the government may have violated the Court’s command.”
The White House directed Forbes to Leavitt’s statement when approached for comment about whether the removals were in line with the court order, though Leavitt later issued an updated statement to Axios, saying, “The Administration did not ‘refuse to comply’ with a court order” and that “the order, which had no lawful basis, was issued after terrorist TdA aliens had already been removed from U.S. territory.”
Citing anonymous sources, Axios reported Sunday White House officials admitted they had ignored the court’s order, as the migrants’ flights were in the air by the time Boasberg ruled, but the administration believed the order didn’t apply because the flight was over international waters. Flight logs submitted to the court show two flights departed the U.S. prior to Boasberg blocking the Trump administration’s order, and landing in Honduras and El Salvador after the judge’s order had been issued. Aaron Reichlin-Melnick, senior counsel at the American Immigration Council, rejected the administration’s legal argument in a post Sunday on X and called it “outrageous,” noting the judge’s ruling was not against the plane itself, but “went against government agencies which were in the U.S., and which were in direct contact with the plane.” Boasberg said during a hearing Saturday that he lost jurisdiction over the flights only when they landed and the migrants were turned over to foreign governments, the plaintiffs noted in their filing, suggesting the judge still had the power to halt flights that were still in progress. The ACLU also pointed to media reports and public flight logs suggesting there was a third flight that departed after Boasberg’s ruling and written order, which would have directly contradicted the court even under the Trump administration’s interpretation of the law.
In her updated statement Sunday, Leavitt claimed Boasberg’s “written order and the Administration's actions do not conflict,” though she did not comment on the earlier ruling Boasberg made from the bench. The press secretary also claimed the judge did not have authority over the administration’s actions, alleging, “Federal courts generally have no jurisdiction over the President's conduct of foreign affairs, his authorities under the Alien Enemies Act, and his core Article II powers to remove foreign alien terrorists from U.S. soil and repel a declared invasion.” “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,” Leavitt claimed, though it remains to be seen whether those arguments will hold up in court. Vice President JD Vance also shared a link on X to Axios’ piece reporting the administration had ignored the court order, writing, “There were violent criminals and rapists in our country. Democrats fought to keep them here. President Trump deported them.”
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.
Trump commented on the deportations to El Salvador on Truth Social on Sunday, sharing a video of migrants’ arrival in El Salvador and writing, “These are the monsters sent into our Country by Crooked Joe Biden and the Radical Left Democrats. How dare they! Thank you to El Salvador and, in particular, President Bukele, for your understanding of this horrible situation.”
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. The Trump administration suggested in its court filing Sunday it will continue to deport alleged members of Tren de Aragua during that time under other provisions of immigration law, writing, “Federal Defendants will continue to protect the United States using authorities other than the Proclamation.” The lawsuit over the migrants’ removal is also likely to ramp up in light of the Trump administration potentially defying the court and the plaintiffs calling for sworn declarations, as some legal experts have called for Boasberg to hold the government in contempt. White House sources cited by Axios suggest they expected the legal battle to reach the nation’s high court, with one senior official telling the outlet, “This is headed to the Supreme Court. And we’re going to win.”
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.
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.
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.
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. 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.”