
Homeland Security Secretary Kristi Noem was the Trump administration official who decided not to comply with a federal judge’s order to halt the mid-flight deportation of alleged Venezuelan gang members to El Salvador, according to a Justice Department filing released on Tuesday (November 25).
The DOJ’s disclosure marks the most detailed account yet of a chaotic episode from March, when flights carrying Venezuelan detainees continued toward El Salvador despite emergency directives from US District Judge James Boasberg to keep them in the United States.
The filing names several senior figures involved in the decision, including:
-Kristi Noem, Homeland Security Secretary
-Todd Blanche, Deputy Attorney General
-Judge Emil Bove, then a senior Justice Department official
According to the government, Noem made the final call not to turn the planes around after receiving legal advice from Blanche, Bove and a top DHS lawyer.
The Trump administration argued at the time that Boasberg’s directions did not constitute a “binding injunction.” Officials contended that the judge’s oral statements, delivered after the flights were already in the air, lacked the force of the written order issued shortly afterward — an interpretation Boasberg strongly rejected.
In April, the judge found probable cause that the administration should be held in contempt for failing to comply.
Following Noem’s directive, the Venezuelan men were transferred into Salvadoran custody, where they remained in prison for months before eventually being sent back to Venezuela. The migrants continue to pursue legal claims, arguing they were unlawfully deported without due process.
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