The Justice Department says Homeland Security Secretary Kristi Noem authorized the mass deportation of more than 100 men despite a federal judge’s order to keep them in the U.S.
Noem, 53, made the decision last spring to ship the Venezuelan men to a jail in El Salvador notorious for human rights abuses, according to a court filing first detailed by Politico.
She did so after receiving legal advice from top DOJ officials, including Deputy Attorney General Todd Blanche and then-Principal Associate Deputy Attorney General Emil Bove.
“After receiving that legal advice, Secretary Noem directed that the AEA [Alien Enemies Act] detainees who had been removed from the United States before the Court’s order could be transferred to the custody of El Salvador,” DOJ attorney Tiberius Davis wrote.
The men were flown to El Salvador’s CECOT mega-prison, where Human Rights Watch has documented torture and other abuses against detainees. They remained there for months until a U.S.-brokered swap returned them to Venezuela, the filing says.
U.S. District Judge James Boasberg has signaled possible criminal contempt over the March 15 episode.
DOJ’s brief argues that no contempt hearing is warranted, claiming Boasberg’s oral order to keep the men in U.S. custody lacked force, and his subsequent written order was ineffective once the planes left U.S. airspace.
The judge, who was appointed by President Barack Obama, has said he still intends to find out “what happened that day.” He has resumed contempt proceedings now that an appeals court hold has been lifted, according to Politico.
The Supreme Court later ruled that Boasberg lacked jurisdiction over key aspects of the case and, in a subsequent order, enjoined further removals under the Alien Enemies Act while appeals played out.
Lawyers for the deportees want testimony from nine current and former officials, including Bove—now a federal appeals court judge—and ex-DOJ immigration litigator Erez Reuveni, who was fired in April and has since alleged that Bove urged lawyers to defy any court order. Bove denies it. Reuveni has joined the progressive legal advocacy group Democracy Forward amid the fallout, Politico reports.
According to the news site, DOJ maintains that Noem’s decision “was lawful and was consistent with a reasonable interpretation of the Court’s order.” Boasberg has indicated he will proceed anyway.
The government’s latest filing does not say whether President Donald Trump or White House officials were involved in the decision to push forward.
The Daily Beast has contacted DHS, the DOJ, and the White House for comment. All three were asked whether the White House had any involvement in the case.
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