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Trump Administration Faces Deadline to Justify Defiance of Court Order on Venezuelan Deportations

The administration invokes national security to defend its use of the Alien Enemies Act, as legal battles escalate over due process and executive authority.

Salvadoran police officers escort alleged members of the Venezuelan gang Tren de Aragua recently deported by the U.S. government to be imprisoned in the Terrorism Confinement Center (CECOT) prison, as part of an agreement with the Salvadoran government, in Tecoluca, El Salvador, in this handout image obtained March 16, 2025. Secretaria de Prensa de la Presidencia/Handout via REUTERS/File Photo
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Left: In this handout photo provided by the Salvadoran government, guards escort a newly admitted inmate allegedly linked to criminal organizations at CECOT on March 16, 2025 in Tecoluca, El Salvador. Right: A relative of one of the Venezuelan migrants deported from the United States to a maximum security prison in El Salvador gestures as she holds a portrait of him during a protest to demand that they be repatriated in Caracas on March 24, 2025.
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Overview

  • U.S. District Judge James Boasberg's restraining order remains in effect, blocking deportations under the Alien Enemies Act until individuals can contest gang affiliation allegations.
  • The Trump administration deported over 200 Venezuelans to El Salvador despite the court's order, claiming national security concerns justify its actions.
  • The Justice Department has invoked the state secrets privilege to withhold details about the deportation flights, arguing that disclosure could harm foreign relations.
  • The D.C. Circuit Court of Appeals is deliberating whether to lift the restraining order, with a Supreme Court appeal likely regardless of the outcome.
  • Critics, including Judge Patricia Millett, have raised concerns about the lack of due process, noting that even Nazis deported under the same law during WWII received more procedural protections.