The Justice Department confirmed this week that Homeland Security Secretary Kristi Noem authorized the transfer of more than one hundred Venezuelan men to a high-security Salvadoran prison in March, directly contradicting a federal judge's order to keep them in U.S. custody. The acknowledgment came in a filing responding to U.S. District Judge James Boasberg's investigation into whether Noem and others violated his court order.

According to the Justice Department, Noem moved forward after receiving legal guidance from senior DOJ officials, including then Deputy Attorney General Todd Blanche and Emil Bove, who served as Principal Associate Deputy Attorney General. These officials argued that Judge Boasberg's initial oral order to halt the flights carried no legal weight and that his subsequent written directive came too late, as the planes had already departed U.S. airspace. The Justice Department contended that Noem's decision to transfer the men to Salvadoran custody was lawful and consistent with a reasonable interpretation of the court's order.

The deportations occurred shortly after President Donald Trump invoked war powers to classify the men as members of a transnational gang, a classification that allowed them to be expelled with minimal legal review under the Alien Enemies Act. The men remained confined in El Salvador for months until the United States negotiated a prisoner exchange that returned them to Venezuela. However, their attorneys say they continue recovering from significant trauma and harm endured during their detention at the Salvadoran facility known as CECOT.

Judge Boasberg has indicated the situation may amount to criminal contempt and said he intends to find out what happened that day. The attorneys for the deported men have urged the judge to compel testimony from nine current and former officials involved in the March operation. Civil liberties advocates say the government's explanation leaves major gaps. An ACLU attorney representing the deportees noted that senior career lawyers at the Department of Justice had actually advised compliance with Boasberg's order, contradicting the narrative presented in the filing.

The Supreme Court later ruled that Boasberg did not have jurisdiction to intervene in the emergency suit filed in March, but the justices simultaneously blocked additional deportations under the Alien Enemies Act. Boasberg maintains he retains authority to pursue contempt proceedings despite his initial order being deemed ultimately flawed. The case remains ongoing as the judge works to uncover the full scope of decision-making that led to the controversial deportations.

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