Noem Allowed Deportations Despite Judge’s Recall Order
A new Justice Department filing has revealed that Homeland Security Secretary Kristi Noem personally authorized the deportation of Venezuelan gang suspects to El Salvador in March, even after a federal judge issued an emergency order directing the government to recall the planes involved.
The disclosure has intensified scrutiny around the administration’s handling of fast-track deportations and triggered a criminal contempt investigation led by U.S. District Judge James Boasberg.
How the Disputed Deportation Decision Was Made
The Justice Department argued in the filing that Secretary Noem did not intentionally violate the judge’s instructions. Instead, officials described a rapid decision made under urgent circumstances, based on legal advice provided minutes before the deportation transfers were completed.
Officials Involved in the Approval Chain
Five senior officials were directly identified as part of the decision-making process:
- Kristi Noem, Homeland Security Secretary
- Drew Ensign, Deputy Assistant Attorney General
- Todd Blanche, Deputy Attorney General
- Emil Bove, then–Principal Associate Deputy Attorney General
- Joseph Mazzara, DHS Acting General Counsel
Kristi Noem’s Final Authorization
According to the filing, Noem made the final call after a conversation with Mazzara, who was coordinating with Justice Department lawyers on the legal impact of the court’s order.
DOJ’s Defense of the Decision
Justice Department attorney Tiberius Davis said Noem acted lawfully, adding that her approval aligned with “a reasonable interpretation of the court’s order.” The government insists that no official intended to disregard Boasberg’s emergency directive.
The Three Flights and the Alien Enemies Act
At issue are three flights carrying hundreds of Venezuelan migrants on March 15, most of whom were deported under the Alien Enemies Act (AEA)—an 18th-century statute revived by the administration for expedited removals.
Why the AEA Was Used for Fast-Track Deportations
Officials have increasingly used the AEA to bypass long immigration court procedures, arguing that the law allows immediate removal during national security concerns—especially in cases involving gang-linked detainees.
Government’s Interpretation vs. Judge’s Recall Order
Judge Boasberg issued an oral order requiring the government to ground the flights and recall any that had already departed. Hours later, he put forward a written version that was slightly less restrictive.
The government now says:
- Two planes were already airborne when the oral order was issued, meaning the deportations were “complete.”
- A third flight—which departed after the order—carried migrants under standard immigration procedures, not the AEA, and therefore was not subject to the recall.
Boasberg has rejected this interpretation, calling it inconsistent with both the spirit and the text of his directives.
Privileged Legal Advice Given to Noem
Justice Department lawyers told the court that the legal guidance given to Noem is privileged and will not be publicly disclosed. However, the government continues to defend its interpretation of the events.
Judge Boasberg’s Criminal Contempt Investigation
Judge Boasberg has launched a criminal contempt investigation to determine whether the administration knowingly violated his recall order. To build a timeline of events, he has asked both the Justice Department and the American Civil Liberties Union (ACLU) to provide lists of individuals who should testify.
DOJ’s Short Witness List
The Justice Department provided only the five names already mentioned, arguing that this list fully represents the officials involved in the decision to let the flights proceed.
ACLU’s Expanded Whistleblower-Backed List
The ACLU, representing the affected migrants, submitted a far longer list—one that includes both current and former senior Justice Department lawyers.
Among them is Erez Reuveni, a former DOJ attorney who was fired after disagreeing with how the deportations were handled. He has since turned whistleblower, claiming officials openly discussed ignoring potential judicial blocks on AEA removals.
Why Judge Emil Bove’s Name Raises Questions
One of the names on the ACLU list is Emil Bove, who is now a sitting judge on the 3rd U.S. Circuit Court of Appeals.
Before his judicial appointment, Bove served as a senior Justice Department official and as a personal attorney to former President Donald Trump. According to Reuveni, Bove was among those who urged resisting judicial interference in AEA deportations. His potential involvement raises unprecedented ethical concerns.
Government Requests Written Testimony Only
In its filing, the Justice Department urged Judge Boasberg to avoid live testimony, arguing that written declarations would suffice at this stage.
ACLU Pushes for Live Witness Examination
The ACLU is pushing back hard against the government’s request, saying that only face-to-face questioning can fully reveal what really happened inside the agencies as the deportation decisions were being made.
What Each Side Wants the Court to Reveal
The Justice Department aims to show that officials acted lawfully, quickly, and under complex circumstances.
The ACLU hopes to demonstrate that the government knowingly defied a clear judicial order.
Potential Outcomes of the Contempt Probe
If Judge Boasberg decides that officials ignored his recall order, he could issue criminal contempt charges, a step that is extremely uncommon in immigration enforcement.Broader Implications for Immigration and Executive Power
Broader Implications for Immigration and Executive Power
The clash over these deportations signals a broader struggle between federal branches over immigration authority.
Use of 18th-Century Law in Modern Enforcement
The administration’s use of the Alien Enemies Act has drawn criticism from people who worry that an old wartime law is being applied to today’s immigration system in a way that might bypass normal legal protections.
Judiciary vs. Executive Clash Intensifies
Judge Boasberg’s investigation represents a test of the judiciary’s power to enforce emergency rulings—even during national security operations.
What Happens Next in the Legal Showdown
The judge is expected to finalize a witness list soon. Testimony and written declarations could begin in the coming weeks, potentially exposing new details about how and why the deportations proceeded.