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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 137 Venezuelan men under the Alien Enemies Act despite a judge’s order, citing legal advice and a crackdown on violent crime.

  • 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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DOJ won't say what it advised Noem amid contempt inquiry over El Salvador deportations

Jacek Boczarski/Anadolu via Getty Images (WASHINGTON) — Department of Justice officials, citing privilege, did not disclose details on the legal advice given to Department of Homeland Security Secretary Kristi Noem about the decision to continue the deportation of more than 100 Venezuelans to El Salvador in March. The declarations filed in court Friday are a response to a contempt inquiry initiated by U.S. District Court Judge James Boasberg, wh…

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Washington Times broke the news in United States on Tuesday, November 25, 2025.
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