A federal judge criticized the Justice Department on Monday for ignoring his order to recall two planes heading to El Salvador that were transporting individuals alleged to be affiliated with the Tren de Aragua gang. He also demanded clarifications regarding removal flights that had been ordered since President Trump invoked the Alien Enemies Act on Saturday.
During a session focused on the Trump administration’s adherence to his directive, D.C. District Chief Judge James Boasberg insisted on receiving responses by Tuesday at noon to explain what transpired on Saturday—both preceding and following his order that halted the government’s deportation flights. He requested information on whether any additional planes have departed the U.S. carrying Tren de Aragua gang members, and he is seeking a timeline detailing when the flights departed the U.S. and arrived in El Salvador, along with a count of remaining gang members in U.S. custody.
Judge Boasberg also required specific details on when President Trump signed and implemented the order invoking the Alien Enemies Act. This act, originating from 1798, provides wartime authority allowing the president to detain and expel noncitizens. Mr. Trump has been employing this act to detain and deport all Venezuelan migrants aged 14 and older suspected of links to the Tren de Aragua gang.
A Justice Department attorney contended that since the judge did not issue his order for the planes to return to the U.S. in a written form, the government was not obligated to follow it. However, he added that even if the order had been documented, the president retained the authority to allow the flights to continue to their intended destination.
“Are you suggesting that the first point of your argument is that because I didn’t explicitly state that the planes should turn around in a minute order, the plaintiffs weren’t required to comply?” Boasberg inquired. “You’re saying that you felt justified in ignoring it since it wasn’t in writing?”
The attorney failed to provide specifics on the number of deportation flights that left on Saturday, citing “operational issues” that prevented him from answering. In response to Judge Boasberg mentioning two flights that departed Texas at 5:26 p.m. and 5:45 p.m. local time, the attorney remarked that he was “not at liberty” to disclose information about those flights.
This led to a tense exchange between Judge Boasberg and the government regarding the claim that the flight details were classified.
The Justice Department further argued that since the planes were over international waters and airspace by the time the judge ordered them to return, Judge Boasberg no longer retained jurisdiction over the migrants.
The judge countered that his order applied to the planes, irrespective of their location in the air.
The Trump administration stated that the two planes had departed before the judge issued his ruling, and a third plane took off for El Salvador shortly thereafter, although passenger details on that flight remain unclear.
Notwithstanding Boasberg’s ruling, 261 individuals were deported to El Salvador on Saturday, with 137 removed under the Alien Enemies Act due to alleged gang affiliations, a senior administration official reported.
The ruling from the judge was in response to a federal civil lawsuit filed on Saturday by five Venezuelan men in immigration detention in jails in Texas and New York against Mr. Trump and other administration officials.
Boasberg’s ruling halts the deportations of the plaintiffs and other migrants for a period of 14 days. The Justice Department has appealed this decision, arguing that the D.C. federal court lacks jurisdiction over the case, as none of the five men is detained within the District of Columbia.
White House Press Secretary Karoline Leavitt posted on X Saturday night that the “written order and the Administration’s actions do not conflict,” asserting that “a single judge in a single city cannot dictate the movements of an aircraft carrying foreign alien terrorists physically expelled from U.S. territory.”
In conclusion, Judge Boasberg mentioned he would quickly issue a written order since “apparently my oral orders don’t seem to carry much weight” with the Justice Department.
Prior to the hearing, the Justice Department lodged an appeal with the D.C. Circuit Court of Appeals, requesting Judge Boasberg’s removal from the case, asserting that his actions reflected an “inappropriate exercise of jurisdiction” and indicated he followed “highly unusual and improper procedures” during his Saturday evening hearing.
