Karoline Leavitt, White House spokeswoman, denied in a statement on Sunday that the Trump Administration had disobeyed the order of Judge James Boasberg of the District of Columbia. The judge had temporarily blocked the application of an 18th-century law to Venezuelan citizens allegedly linked to the criminal organization Tren de Aragua. This law allows the deportation of enemies of the United States in times of war. Boasberg also verbally ordered two airborne flights to return immediately. However, one of them landed in El Salvador with 261 migrants on board. Salvadoran President Nayib Bukele released a video boasting about his tough-on-crime policy against them.
Leavitt stated that the court order arrived after the aircraft had left U.S. airspace, dismissing any claim that the Executive Branch had defied the Judicial Branch. She also argued that federal courts have no jurisdiction over presidential decisions in foreign policy or the expulsion of foreigners deemed enemies. “A single judge cannot determine the course of a plane full of foreign terrorists expelled from U.S. soil,” she declared.
The flight to El Salvador carried 261 undocumented individuals: 137 were deported under the Alien Enemies Act of 1798, 101 Venezuelans under Title 8 of immigration law, and the rest included 21 members of the Mara Salvatrucha (MS-13) and two leaders of the organization.
Today, the first 238 members of the Venezuelan criminal organization, Tren de Aragua, arrived in our country. They were immediately transferred to CECOT, the Terrorism Confinement Center, for a period of one year (renewable).
The United States will pay a very low fee for them,… pic.twitter.com/tfsi8cgpD6
— Nayib Bukele (@nayibbukele) March 16, 2025
Bukele posted a video with a cinematic production showing the arrival of the deportees, claiming his government received them under an agreement with the Trump Administration. On X, he mocked the judge with the message: “Oopsie… Too late.” Later, Secretary of State Marco Rubio thanked Bukele for being “the strongest security leader in the region” and “a great friend of the United States.” The video shows hooded, armed agents escorting the detainees, exposing their tattoos, handcuffing them, and taking them to the Center for Confinement of Terrorism (CECOT), a prison symbolizing Bukele’s security policy, which has been heavily criticized by human rights organizations.
U.S. Vice President J.D. Vance defended the decision not to return the flight. “There were violent criminals and rapists in our country,” Vance wrote on X. “The Democrats wanted to keep them here. President Trump deported them.”
The deportation was based on the Alien Enemies Act, a law enacted in 1798 during the presidency of John Adams. It has been applied three times: in the War of 1812 against the British and in both World Wars. Its most controversial use was during World War II when Japanese American citizens were sent to internment camps. In this case, there are legal doubts about whether the actions of Tren de Aragua can be considered an “invasion.” For the U.S. to declare war, Congress must approve it. The White House is prepared to take the case to the Supreme Court, where six of the nine justices are conservative, and three were appointed by Trump.
The exact timing of the flight’s departure is crucial. Boasberg issued his ruling shortly before 7:00 PM Washington time, while it was nearly 5:00 PM in El Salvador. His decision was electronically notified to government agencies at 7:26 PM. However, Bukele’s video was recorded at night, raising doubts about whether the Trump Administration ignored the court order.
Tren de Aragua, a Venezuelan criminal gang, became a central issue in Trump’s re-election campaign to justify his promise of mass deportations. Its members are involved in drug and human trafficking. Trump designated the gang as a terrorist organization and ordered the expulsion of anyone linked to it, provided they were over 14 years old. Additionally, the U.S. accuses the group of operating with drug cartels allegedly backed by the Venezuelan government, further straining bilateral relations.
Nicolás Maduro’s regime denounced the deportation as a violation of U.S. and international laws, calling it “a crime against humanity.” In a statement, they compared Trump’s actions to “the darkest episodes in history,” mentioning slavery and Nazi concentration camps.
Maduro had reached an agreement with Trump’s special envoy, Richard Grenell, to send planes with deportees, including Tren de Aragua members. Only three flights arrived in February, carrying 609 people. Amid an apparent suspension of deportations by Venezuela, the U.S. revoked Chevron’s oil license, impacting Maduro’s finances. Last week, Grenell and Jorge RodrÃguez, head of Venezuela’s Parliament, announced the resumption of flights. It remains to be seen how this incident will affect that agreement.
