Kristi Noem Defies Court Order: Deportation Flights to El Salvador Spark Legal Showdown

Homeland Security Secretary Kristi Noem authorized flights deporting detainees to El Salvador after a federal judge ordered them halted. This decision, revealed in recent court filings, centers on flights carrying 137 Venezuelan men in March 2025. The move has triggered a major legal battle and a contempt investigation by the presiding judge.

The controversy pits executive authority against judicial oversight. According to the Department of Justice, legal advisers told Noem the judge’s order did not apply to planes already airborne.

Legal Maneuvers Behind the Defiant Decision

The sequence of events began on March 15. U.S. District Judge James Boasberg issued an emergency order. He directed two deportation planes to return to the United States immediately.

The flights were already en route to El Salvador. They carried Venezuelan nationals detained under the Alien Enemies Act. This is a centuries-old wartime statute.

Justice Department filings explain the crucial advice given to Noem. Deputy Attorney General Todd Blanche and another senior official interpreted the court’s order. They concluded it did not legally require recalling planes that had departed U.S. airspace.

Acting on this counsel, Secretary Noem directed the transfer to proceed. The detainees were handed to Salvadoran authorities upon landing. The DOJ maintains this decision was a lawful interpretation of the judicial directive.

Contempt Probe and Demand for Accountability

Judge Boasberg responded forcefully to the defiance of his order. He reopened an inquiry into potential violations by the administration. He also launched a formal contempt of court investigation.

The goal is to identify officials responsible for the decision. “I certainly intend to find out what happened that day,” Boasberg stated from the bench. His determination is clear.

The American Civil Liberties Union (ACLU) is pushing for full transparency. Lawyers for the deported men have asked the court to compel testimony. They want nine current and former DHS and DOJ officials to explain their roles.

The government opposes the contempt proceedings. Officials argue their actions were consistent with a reasonable reading of the court’s instructions. This legal standoff continues to unfold.

Detainees’ Ordeal in Salvadoran Mega-Prison

The human cost of this decision was severe. The 137 Venezuelan men were taken to El Salvador’s Cecot facility. This is a mega-prison known for overcrowded and harsh conditions.

They remained there for months without access to U.S. courts. Their legal limbo ended only in July 2025. A diplomatic deal between Venezuela, El Salvador, and the U.S. secured their repatriation.

Their ordeal highlights the high stakes of deportation policy. It also raises serious questions about due process. The use of the Alien Enemies Act for peacetime removals is particularly controversial.

This case now serves as a critical test of boundaries. It explores how far executive power can extend when confronting judicial authority. The outcome will influence immigration enforcement and accountability for years to come.

Info at your fingertips

What is the Alien Enemies Act?

It is a 1798 law allowing the U.S. president to detain and deport nationals of a hostile country during wartime. Its use for removing Venezuelans in 2025 was highly unusual and legally contested.

What is Judge Boasberg investigating?

Judge Boasberg is investigating whether Trump administration officials violated his court order. He is specifically looking for contempt of court by authorizing the flights to continue after his halt order.

Where were the deported Venezuelans sent?

They were sent to the Centro de Confinamiento del Terrorismo (Cecot) in El Salvador. This is a large, high-security prison complex opened in 2023 to hold alleged gang members.

Have the detained men been returned?

Yes. Following diplomatic negotiations, the 137 Venezuelan men were repatriated to their home country in July 2025. They had spent approximately four months detained in El Salvador.

What is the DOJ’s defense of Noem’s action?

The Justice Department argues the court’s verbal order was not a formal written injunction when the planes were aloft. They state Noem acted on reasonable legal advice that the order did not apply to departed flights.

Which organizations are involved in the lawsuit?

The American Civil Liberties Union (ACLU) is representing the deported men. They are litigating against the U.S. Department of Homeland Security and the Department of Justice.