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On Sunday, Homeland Security Secretary Kristi Noem announced that she had directed federal authorities to deport Venezuelan detainees to El Salvador, despite a court order temporarily halting such flights.
During an appearance on NBC’s “Meet the Press” with Kristen Welker, Noem stated, “I am responsible for making decisions regarding deportations, including the scheduling and destinations of flights, within the Department of Homeland Security. We are committed to ensuring that individuals who pose a threat are removed from the country.”
In recent court documents, the Justice Department revealed that Noem had instructed the continuation of deportations to a Salvadoran megaprison. This directive comes amidst an ongoing investigation into whether the Trump administration could be held in contempt for not complying with a judge’s oral command to return over 100 Venezuelan detainees to the United States.
Earlier this year, President Trump issued an executive order under the Alien Enemies Act (AEA) to facilitate the deportation of Venezuelans, intensifying his administration’s largest deportation initiative in U.S. history.
The administration contends that it is not legally bound to adhere to the March directive from District Judge James Boasberg.
The latest DOJ filing states that Noem “directed that the AEA detainees who had been removed from the United States before the Court’s order could be transferred to the custody of El Salvador,” adding that the “decision was lawful and was consistent with a reasonable interpretation of the Court’s order.”
The DOJ on Tuesday told The Hill it stood by its decision, which Noem reiterated on Sunday.
“I’m proud of President Trump, and his leadership, and the decisions that we have made,” she told Welker.
The deported migrants were later released from the Salvadoran prison this summer and transferred to Venezuela in a large-scale prisoner swap.
Boasberg previously found probable cause to start contempt proceedings over the administration’s deportations, an action that was paused for months until an appeals court last week cleared the way for him to charge forward.
The initial case, brought by the American Civil Liberties Union, challenging Trump’s AEA remains under Boasberg’s review.
The Hill’s Rebecca Beitsch contributed to this report.