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Trump goes ahead with Tren de Aragua deportations despite court block: 'They were already outside of US airspace'

The White House defended the expulsion of the Venezuelan gang members claiming that the court order had no effect once the flights began.

Deportation reference image.

Deportation reference image.Adaris Cole / U.S. Army / AFP.

Sabrina Martin
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2 minutes read

The Donald Trump administration defended its decision to continue with the deportation of Venezuelan gang members, despite a court ruling to the contrary. Two senior officials explained that the judge's order did not apply while the flights were in international airspace.

The White House's legal argument

Although the move generated controversy, the president's advisors argue that Judge James Boasberg had no authority to prevent the deportations, as they were carried out under the Foreign Enemies Act of 1789, a regulation granting broad executive powers in wartime. Although rarely invoked in peacetime, the Trump administration used it to expel more than 200 members of Tren de Aragua.

The operation and leak that sparked the lawsuit

The execution of the plan was overseen by Deputy Chief of Staff Stephen Miller and Homeland Security Secretary Kristy Noem. According to administration sources, the initial goal was not to defy a court order, but to complete the deportations before a court could intervene.

However, information about the operation leaked Saturday morning, prompting the ACLU to file a lawsuit. In response, Judge Boasberg issued an injunction blocking the flights and ordering the cancellation of the deportations.

Despite the injunction, the planes continued their route. As of 6:51 p.m. ET on Saturday, both flights were already out of U.S. airspace, according to flight logs posted on X. The White House considered complying with the order, but after consultations with its legal team, decided to proceed with the deportations, arguing that the judge's jurisdiction did not apply in international territory.

"They were already outside of U.S. airspace. We believe the order is not applicable," a senior administration official told Axios.

Reactions and political debate

Instead of focusing on the court order, the White House has defended the legitimacy of the gang members' removal. "If the Democrats want to argue in favor of turning a plane full of rapists, murderers, and gangsters back to the United States, that's a fight we are more than happy to take," Trump press secretary Karoline Leavitt declared.

From El Salvador, President Nayib Bukele reacted with sarcasm to the controversy. On X, he posted a video showing the arrival of the deportees to his country, accompanied by a mocking message following the news of the court order. "Oopsie ... too late," he wrote next to a laughing emoji, a comment that was retweeted by U.S. Secretary of State Marco Rubio.

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