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DOJ acknowledges Kristi Noem made decision to continue deportation flights to El Salvador despite judge’s order

Kristi Noem authorized deportations of over 250 Venezuelan migrants under the Alien Enemies Act despite a federal judge’s order, based on legal advice about detainees already removed from U.S. airspace.

  • Department of Justice filings this week identify Department of Homeland Security Secretary Kristi Noem as authorizing the deportation of 100 Venezuelan men in March despite a federal judge's order, disclosed in a filing for Chief U.S. District Judge James Boasberg's inquiry.
  • A federal judge, James Boasberg, issued both oral and written orders on March 15 requiring the return of alleged Tren de Aragua members to the U.S. and blocking their removal.
  • Justice Department officials said they communicated the judge’s orders and provided legal guidance to the Department of Homeland Security’s acting general counsel.
  • After receiving that advice, Noem determined that detainees who had already been removed before the court’s order could still be transferred to El Salvador.
  • The Justice Department responded that no live testimony is warranted, argued its actions did not violate Judge James Boasberg's order, and noted higher courts emphasized due process.
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Washington Times broke the news in United States on Tuesday, November 25, 2025.
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