Overview
- In a late Tuesday filing, the Justice Department said Noem made the final decision after receiving legal advice from Deputy Attorney General Todd Blanche and Emil Bove, conveyed through DHS acting general counsel Joseph Mazzara.
- The filing identifies Deputy Assistant Attorney General Drew Ensign as the official who relayed Boasberg’s oral and written orders to DHS before Noem’s directive.
- Government lawyers argue the decision was lawful because the written order did not require returning people already removed and the earlier oral directive was not a binding injunction.
- Plaintiffs are seeking live testimony from multiple current and former officials, while the Justice Department contends no live testimony is warranted at this time.
- The case stems from deportations conducted under the Alien Enemies Act to El Salvador’s CECOT prison in March; the detainees were later returned to Venezuela through a prisoner swap, and an appeals court has allowed Boasberg’s fact‑finding to proceed.