Update: Trump Administration Defies Judge’s Order to Halt Deportation Flights
Officials cite “national security” as justification for landing planes.
The Trump administration deliberately ignored a judge’s directive to turn around two deportation flights carrying alleged Venezuelan gang members, sources told ABC News.
Chief Judge James Boasberg of the Washington, D.C., District Court had issued a verbal order instructing officials to halt any flights still in the air and return them to the United States.
“You shall inform your clients of this immediately. Any plane containing these individuals that is about to take off or is in the air must be returned,” Boasberg stated during a Saturday hearing.
Citing irreparable harm, Boasberg imposed a 14-day temporary restraining order (TRO) barring the deportation of non-citizens under the Alien Enemies Act (AEA) proclamation. Immigration and Customs Enforcement (ICE) was ordered to keep the individuals in custody while the case proceeded.
However, top administration lawyers determined that since the flights were over international waters, the judge’s order did not apply. Officials argued that landing the planes was necessary for “operational” and “national security” reasons.
Flights Took Off Before Ruling
The flights reportedly departed just as the court hearing was underway. Sources indicate that the administration aimed to get the planes airborne and beyond U.S. jurisdiction before any judicial intervention.
On Sunday, the Trump administration appealed to the D.C. Circuit Court, seeking to overturn Boasberg’s ruling. Officials argued the judge had no authority to issue the TRO, calling it an “unprecedented intrusion” into the executive branch’s power to remove individuals deemed threats to national security.
“This Court should halt this massive, unauthorized imposition on the Executive’s authority,” a Justice Department attorney wrote in an emergency motion, referring to the passengers as alleged members of the Venezuelan gang Tren de Aragua (TdA).
Trump’s Proclamation on Tren de Aragua
A day before the ruling, Trump signed a proclamation declaring that Tren de Aragua was “conducting irregular warfare” against the U.S., justifying deportation under the AEA of 1798. The administration claimed that presidential actions under the AEA are “not subject to judicial review” and that blocking enforcement would set a dangerous precedent.
“If this TRO is allowed to stand,” the DOJ filing warned, “district courts could block virtually any urgent national-security action based on a simple complaint.”
The D.C. Circuit Court has ordered attorneys for the plaintiffs to respond by Tuesday at 5 p.m.
