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Noem confirms she will continue with deportation flights despite court order: 'Decisions on deportations are mine'

The directive was issued while assessing whether the administration could face possible contempt prosecution.

Kristi Noem

Kristi NoemMandel Ngan / AFP

Sabrina Martin
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The secretary of Homeland Security, Kristi Noem, confirmed Sunday that she ordered to continue with the deportation and transfer of Venezuelan detainees to El Salvador, even though there was a court order suspending the flights. The official noted that these decisions fall within her authority at the Department of Homeland Security.

During an interview, Noem stated, "The decisions that are made on deportations, where flights go, and when they go are my decision at the Department of Homeland Security...we will continue to do the right thing and ensure that dangerous criminals are removed."

Department of Justice backs directive

Court documents filed last week indicate that the Department of Justice (DOJ) reported that Noem instructed officials to maintain transfers to a high-security prison in El Salvador. The directive was issued while assessing whether the administration could face possible contempt proceedings following a judge's order seeking the return of more than 100 Venezuelans to the United States.

Legal basis and status of the case

In the spring, President Trump signed an executive order authorizing deportations of Venezuelan nationals under the Alien Enemies Act (AEA). The administration argues that this legal tool allows for expedited removals under its immigration policy.
According to recent court documents, Noem's instruction allowed detainees processed under the AEA and removed before the judge's order to be transferred to Salvadoran custody, in compliance with procedures authorized by the Department of Homeland Security.
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