The Trump administration has deported hundreds of immigrants to El Salvador and Honduras, despite a federal judge’s temporary restraining order blocking such removals under an 18th-century wartime law. Flights carrying the migrants were already in the air when U.S. District Judge James E. Boasberg issued his ruling on Saturday, according to officials.
Boasberg had verbally ordered the planes to turn around, but since the directive was not included in his written order, the deportations proceeded. El Salvador’s President Nayib Bukele, a close ally of Trump, responded to the ruling with a dismissive post on social media. “Oopsie… Too late,” he wrote on X, referencing an article about the judge’s decision. White House communications director Steven Cheung later shared Bukele’s post.
Controversial Use of the Alien Enemies Act
The migrants were deported under the Alien Enemies Act of 1798, a law historically invoked only during wartime. The act grants the president extraordinary powers to detain or remove foreign nationals deemed a threat. The last time it was used was during World War II, leading to the internment of Japanese-Americans.
Secretary of State Marco Rubio justified the deportations, stating that the U.S. sent “over 250 alien enemy members of Tren de Aragua” to El Salvador, where they will be detained under an agreement between Trump and Bukele. The deal reportedly costs $6 million for one year of housing the migrants in Salvadoran prisons.
However, the Trump administration has not publicly identified the deported individuals or provided evidence linking them to Tren de Aragua, a notorious Venezuelan gang. Immigration lawyers and human rights advocates warn that the law’s invocation could allow the administration to expel any Venezuelan under the pretext of gang affiliation, without due process.
Legal and Human Rights Concerns
The American Civil Liberties Union (ACLU), which led the lawsuit against the deportations, is now investigating whether the administration defied the court order. “We asked the government to assure the Court that its order was not violated and are waiting to hear back,” said Lee Gelernt, the ACLU’s lead attorney.
The Justice Department has not directly responded to allegations that it ignored Boasberg’s ruling. Instead, Attorney General Pam Bondi criticized the judge’s decision, arguing that it undermines national security.
Meanwhile, Venezuela’s government condemned Trump’s use of the Alien Enemies Act, calling it a violation of human rights and likening it to “the darkest episodes in human history, from slavery to Nazi concentration camps.”
Footage of Deportees Released
El Salvador’s government released video footage showing the deported men being escorted off planes, shackled and guarded by riot police. The footage also showed them kneeling as their heads were shaved before being placed in the notorious CECOT prison, a maximum-security facility central to Bukele’s crackdown on crime.
The litigation against the deportations continues, with Boasberg scheduling a hearing for Friday to determine whether Trump exceeded his legal authority. The current restraining order lasts for 14 days, keeping other migrants in federal custody while the case unfolds.
Boasberg emphasized the urgency of his decision, stating that once the deported individuals leave the U.S., their ability to challenge their removal becomes nearly impossible. “Once they’re out of the country,” he warned, “there’s little I could do.”
