White House denies defying judge’s order to halt the deportation of hundreds of migrants to El Salvador

White House spokeswoman Karoline Leavitt denied on Sunday that the Trump administration had defied a ruling by District of Columbia Judge James Boasberg. A day earlier, Boasberg had temporarily blocked the use of an 18th-century law permitting the wartime deportation of enemies of the United States, which had been applied to Venezuelan citizens allegedly linked to the Tren de Aragua criminal organization.

The judge also issued a verbal — not written — order for two ongoing deportation flights to return immediately. One of those flights, carrying approximately 261 migrants, landed in El Salvador, where President Nayib Bukele later released a video touting his tough stance on the arrivals.

In a statement, Leavitt argued that the judge’s order was issued only after the aircraft had already left U.S. airspace, dismissing concerns that the executive branch had chosen to defy the judiciary — a fear some experts have voiced since Trump’s return to power. Leavitt said the order “had no lawful basis” and argued that federal courts “lack jurisdiction” over the president’s foreign policy decisions and his authority to expel foreign enemies.

“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,” said Leavitt.

The plane that arrived in El Salvador carried a total of 261 undocumented immigrants. Of these, 137 were deported under the Alien Enemies Act of 1798, while another 101 Venezuelans were removed under Title 8, an immigration law. The remaining passengers included 21 Salvadoran members of the Mara Salvatrucha (MS-13) gang, and two high-ranking leaders of that criminal organization.

Bukele’s video

In a three-minute video reminiscent of a prison thriller, Bukele boasted that he had received the deportees under an agreement with the Trump administration. The Salvadoran president also took to X to mock the Washington judge, posting a message in English that read: “Oopsie… Too late.”

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Salvadoran police offers transfer deportees to the Terrorism Confinement Center

Later, Secretary of State Marco Rubio took to the same social media platform to thank El Salvador’s president, calling him “the strongest security leader in our region” and “a great friend of the United States.”

In the video filmed by Salvadoran authorities, a squad of hooded, heavily armed agents is seen escorting dozens of detainees. The officers force the men to lift their shirts to reveal their tattoos, then lead them away in handcuffs with their heads bowed. Their hair and beards are shaved before they are marched to the Center for the Confinement of Terrorism (CECOT), a notorious prison that has become a symbol of Bukele’s hardline approach to crime. The facility’s treatment of inmates has drawn consistent criticism from international human rights organizations.

U.S. Vice President J.D. Vance joined Leavitt in defending the decision not to recall the deportation flight. “There were violent criminals and rapists in our country,” Vance wrote on X. “Democrats fought to keep them here. President Trump deported them.”

The deportation was carried out under the Alien Enemies Act, an 18th-century law enacted during the presidency of John Adams, which authorizes the expulsion of foreign nationals deemed enemies during wartime. Trump invoked the law on Friday through a presidential decree. It has been used only three times before: during the War of 1812 against the British and in both World Wars. The last time it was enforced, it led to the internment of Japanese Americans — one of the most infamous civil rights violations in 20th-century U.S. history.

The application of this law raises serious legal questions. As the judge noted in his Saturday brief, it must be proven that the actions of Tren de Aragua members constitute an invasion. Furthermore, for the United States to formally declare war, congressional approval is required. The White House is prepared to take the case to the Supreme Court, where six of the nine justices are conservative — including three appointed by Trump between 2017 and 2021.

A crucial factor in this legal battle will be determining the exact timing of the flight’s departure. Boasberg issued his ruling shortly before 7:00 p.m. Washington time, which was around 5:00 p.m. in El Salvador. The judge’s decision was electronically sent to the Departments of State and Homeland Security at 7:26 p.m. However, the video of the deportees’ arrival was clearly filmed after nightfall, raising concerns over whether the Trump administration ignored an explicit court order.

Tren de Aragua is a criminal gang from Venezuela that became a frequent talking point at Trump’s reelection campaign rallies, where he used it to justify his promised mass deportations. The gang is involved in serious crimes, including drug and human trafficking.

The U.S. president first designated Tren de Aragua as a terrorist organization. His executive order on Friday mandates the deportation of anyone linked to the group, provided they are over the age of 14. The administration also claims that the gang collaborates with drug cartels allegedly backed by the Venezuelan government, further escalating tensions between Washington and Caracas.

On Sunday, Nicolás Maduro’s regime condemned the deportation of its citizens, calling it a violation of both U.S. and international law. Venezuelan authorities added that the use of the Alien Enemies Act “constitutes a crime against humanity.” In a statement, they compared the Trump administration’s actions to “the darkest episodes” in human history, citing slavery and Nazi concentration camps.

Maduro had previously reached an agreement with Trump’s special envoy for Venezuela, Richard Grenell, to facilitate deportation flights. Under this deal, three flights carrying approximately 609 people arrived in Venezuela in February. However, as the deportations stalled, Washington responded by revoking oil giant Chevron’s license to operate in Venezuela, delivering a severe blow to Maduro’s already fragile economy.

Last week, Grenell and Jorge Rodríguez, speaker of the Venezuelan Parliament and a key Chavista political figure, announced that deportation flights would resume on Friday. It remains uncertain how this weekend’s events will impact that agreement.

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