The Trump administration has faced legal challenges following the deportation of nearly 300 individuals alleged to be members of the Venezuelan gang, Tren de Aragua. Utilizing the Alien Enemies Act of 1798, the administration orchestrated the removal of these individuals via a blue "Global X" plane. The aircraft departed from Harlingen, Texas, and touched down at El Salvador International Airport.
El Salvadoran President Nayib Bukele confirmed the arrival of 238 Tren de Aragua members in his country. He shared a video on X showing the deportees being escorted from the plane into custody. Bukele also revealed that the Trump administration had deported 23 members of the notorious MS-13 gang to El Salvador on the same occasion.
“hundreds of violent criminals were sent out of our country.” – Marco Rubio
However, the American Civil Liberties Union (ACLU) and Democracy Forward have filed a lawsuit to challenge these deportations. They argue that the actions breached a court order issued by James Boasberg, chief judge of the U.S. District Court in Washington, D.C. The order explicitly barred all deportation flights under Trump's proclamation. The plaintiffs have pointed out that at least two flights departed during the hearing but landed after the court's written order was issued.
“it appears that there were at least two flights that took off during the hearing but landed even after this Court’s written Order.” – Plaintiffs
The Trump administration maintained that the deportations were initiated before the court order came into effect. White House press secretary Karoline Leavitt dismissed any allegations of defying the order. She emphasized that the ruling was issued after those described as "terrorist aliens" had already been removed from U.S. territory.
“The written order and the Administration’s actions do not conflict," – Leavitt
“Moreover, as the Supreme Court has repeatedly made clear — federal courts generally have no jurisdiction over the President’s conduct of foreign affairs, his authorities under the Alien Enemies Act, and his core Article II powers to remove foreign alien terrorists from U.S. soil and repel a declared invasion." – Leavitt
Despite these assertions, ACLU continues to press for assurance from the government that no individuals were removed in violation of Boasberg's order. Additionally, Stephen Gillers, a legal expert, weighed in on the situation, highlighting concerns over checks and balances within government operations.
“Now that Congress has shown itself subservient to the wishes of the White House, the judiciary is the last check against the exercise of autocratic power in the president,” – Stephen Gillers
“The question before the country is whether the judges will use their contempt and other powers to resist the elimination of checks and balances in order to protect the rule of law.” – Stephen Gillers
Senator Marco Rubio expressed support for the deportations, emphasizing the threat posed by gangs like Tren de Aragua and MS-13. He praised the efforts to remove these individuals from American soil and referred to them as violent criminals.
“We want to get rid of Tren de Aragua gang members. They’re terrorists, too,” – Marco Rubio