The Justice Department revealed on Tuesday that Homeland Security Secretary Kristi Noem was the senior Trump administration official responsible for declining to follow a federal judge’s directive to stop the deportation of alleged Venezuelan gang members to El Salvador.
The deportations were carried out under the Alien Enemies Act, an 18th-century law invoked by President Donald Trump.
Details of the Court’s Order
Judge Boasberg’s March 15 Directive
According to a new court filing, the administration was informed of U.S. District Judge James Boasberg’s oral order issued on March 15, followed later the same day by a written injunction.
The order required the government to return alleged members of the Tren de Aragua gang to the United States and prohibited further removals under the Alien Enemies Act.
How the Order Was Communicated
The filing explains that Justice Department officials delivered the judge’s directives and legal guidance to the acting general counsel of the Department of Homeland Security (DHS).
That counsel passed along the legal interpretation to Noem, who ultimately decided that individuals already deported before the order took effect could still be sent to El Salvador.
A DHS spokesperson did not respond to inquiries regarding the Justice Department’s filing.
A Decision 255 Days in the Making
Revealing Who Authorized the Flights
This filing, released 255 days after 261 individuals were flown out on three planes, marks the first time the Justice Department has identified who made the final call to proceed with the deportations.
It follows Judge Boasberg’s efforts to reopen criminal contempt proceedings against officials involved in approving the flights.
Attempt to Avoid Public Testimony
The Justice Department’s disclosure appears aimed at satisfying the judge’s repeated requests for clarity—potentially preventing high-ranking officials from being compelled to testify publicly about the events surrounding March 15.
Legal Dispute Over Due Process and Compliance
Boasberg’s Due Process Concerns
Judge Boasberg blocked the administration from using the Alien Enemies Act in March, stating that deported individuals likely did not receive due process. Despite the injunction, flights continued.
Administration Position on the Injunction
The Justice Department has maintained that the judge’s written order applied only to future deportations, not to individuals already removed. In the latest filing, officials defended their actions as “lawful” and based on a reasonable interpretation of the court’s instructions.
Broader Context: Clashes With the Judiciary
Supreme Court and Ongoing Court Battles
The controversy unfolded amid early battles between the Trump administration and federal judges who challenged several of Trump’s policies.
In April, the Supreme Court overturned Boasberg’s ruling, while still affirming that detainees must receive due process—a standard echoed in several courts since then.
Whistleblower Allegations and Key Figures
Claims Against DOJ Leadership
A whistleblower alleged in June that former Principal Deputy Attorney General Emil Bove—identified in the filing as one of the DOJ officials advising DHS—told subordinates they might need to ignore court orders.
During Senate confirmation hearings for his nomination to the 3rd U.S. Circuit Court of Appeals, Bove firmly rejected the accusations, stating he had never instructed DOJ attorneys to violate judicial orders.
Upcoming Testimonies
This same whistleblower is among those Judge Boasberg plans to call if contempt proceedings move forward.
Next Steps in the Legal Fight
Push for Accountability
The Trump administration is seeking a final ruling from the court, which it could later appeal. However, Judge Boasberg has made clear he intends to uncover exactly what transpired on March 15 and why his rulings were disregarded. This month, an appeals court authorized him to continue the contempt inquiry.
Potential Witnesses
Plaintiffs hope to question at least nine current or former administration officials. Among them are:
- Emil Bove, now a federal appeals judge
- Whistleblower Erez Reuveni, former acting deputy director in DOJ’s Office of Immigration Litigation
- Deputy Assistant Attorney General Drew Ensign, identified as the official who communicated both of Boasberg’s orders to DHS
The Justice Department’s latest filing sheds unprecedented light on who authorized the controversial deportation flights carried out in defiance of a federal judge’s order.
By naming Homeland Security Secretary Kristi Noem as the decision-maker, the disclosure marks a major development in the ongoing legal conflict over the use of the Alien Enemies Act and the alleged lack of due process for detainees.
As Judge Boasberg moves forward with potential contempt proceedings, the administration faces mounting pressure to account for its actions and decisions made on March 15.
