Trump Administration’s Deportation of Venezuelan Gang Members: Defiance of Judicial Orders and International Implications

Introduction

The Trump administration has recently deported hundreds of alleged Venezuelan gang members to El Salvador despite a federal court order blocking such removals, creating a potential constitutional crisis and raising questions about executive power limits.

This controversial move involves a financial arrangement with El Salvador and defying judicial authority, which has significant legal implications.

The Deportation Operation and Financial Agreement

On Sunday, March 16, 2025, El Salvador’s President Nayib Bukele announced that his country had received 238 individuals allegedly associated with the Venezuelan gang Tren de Aragua, along with 23 members of the Salvadoran gang MS-13.

These deportees were immediately transferred to El Salvador’s Terrorism Confinement Center (CECOT), a maximum-security facility with a capacity for 40,000 inmates.

According to the agreement between the two countries, the United States will pay El Salvador approximately $6 million to detain around 300 alleged gang members for an initial period of one year, with the possibility of an extension.

President Bukele explicitly acknowledged the financial arrangement, stating that “the United States will pay a very low fee for them, but a high one for us.”

U.S. Secretary of State Marco Rubio confirmed the deportations, thanking Bukele and referring to him as “the strongest security leader in our region.”

This agreement appears to have been negotiated during meetings between U.S. and Salvadoran officials.

Conditions at CECOT

The Center for Confinement of Terrorism (CECOT), where these deportees are being held, is a particularly harsh facility. Opened in January 2023, the prison prohibits visitations, educational activities, and recreational opportunities, with inmates not allowed outdoor access.

This maximum-security prison represents El Salvador’s approach to gang control under Bukele’s administration.

The Legal Basis and Judicial Intervention

Invocation of the Alien Enemies Act

The deportations were conducted under President Trump’s invocation of the Alien Enemies Act of 1798, a rarely used wartime statute.

On Friday, March 15, 2025, Trump signed a proclamation referencing this historical law, asserting that Tren de Aragua was “perpetrating or attempting threatening or predatory incursion” into U.S. territory.

The proclamation stipulated that all Venezuelans aged 14 and over who are part of this gang and who lack naturalization or lawful permanent residency in the U.S. could be detained and expelled as “Alien Enemies.”

Court Order and Attempted Intervention

On Saturday, March 15, 2025, U.S. District Judge James Boasberg issued a temporary restraining order blocking the Trump administration from using the Alien Enemies Act to deport noncitizens for at least 14 days.

During a hearing that day, Judge Boasberg explicitly ordered that any aircraft already in flight with deportees should be returned to the United States.

“You shall inform your clients of this immediately. Any plane containing these folks that is going to take off or is in the air needs to be returned to the United States,”

Boasberg stated during the hearing. “However that’s accomplished, turning around the plane or not embarking anyone on the plane.

This is something that you need to make sure is complied with immediately”.

Administration’s Defiance of Court Order

Despite Judge Boasberg’s clear directive, the Trump administration proceeded with the deportations.

According to sources familiar with the matter, the administration made a “calculated decision” to ignore the judge’s order.

Two planes carrying the alleged gang members took off during the hearing and were already over international waters when the judge issued his ruling.

Administration’s Justification

The administration justified its actions by claiming that the ruling did not apply because the flights were over international waters at the time of the judge’s order.

Senior administration officials told reporters that they proceeded with the deportations for “operational” and “national security” reasons.

White House Press Secretary Karoline Leavitt issued a statement denying the administration violated the court order: “The administration ‘did not refuse to comply’ with a court order.

The order was issued after the alleged gang members ‘had already been removed from U.S. territory,’ arguing that ‘the written order and the administration’s actions do not conflict’”.

Leavitt further asserted that “Federal courts generally have no jurisdiction over the President’s conduct of foreign affairs, his authorities under the Alien Enemies Act, and his core Article II powers to remove foreign alien terrorists from U.S. soil and repel a declared invasion.”

International and Diplomatic Dimensions

El Salvador’s Response

President Bukele’s reaction to the judge’s order was dismissive. After learning about the court’s decision to turn back the planes, he posted on social media platform X: “Oopsie…too late”.

This post was later recirculated by White House communications director Steven Cheung, suggesting alignment between the two administrations on this issue.

Venezuela’s Position

The Venezuelan government has denounced the use of the “anachronistic.”

U.S. law to deport alleged gang members, stating that it violated migrants’ rights. This comes amid already strained relations between the two countries, which have contributed to the U.S. sending Venezuelan deportees to third countries in Central America.

Constitutional Crisis and Legal Implications

Legal experts have characterized the administration’s decision to proceed with deportations despite the court order potentially constituting contempt of court and edging toward a constitutional crisis.

National security attorney Mark S. Zaid wrote on X that this was the “first of many” instances of defied court orders, describing it as the “start of a true constitutional crisis.”

Appeals and Future Legal Battle

The Trump administration has filed an appeal against Judge Boasberg’s ruling with the U.S. Court of Appeals for the District of Columbia. In a 25-page appellate brief filed on Sunday, Justice Department lawyers described the judge’s order as a “massive imposition on the Executive’s authority.” They argued that Trump’s actions “are not subject to judicial review” due to the presidency’s inherent constitutional powers over national security and foreign relations.

A senior White House official told Axios, “This is headed to the Supreme Court. And we’re going to win,” indicating the administration’s confidence in its legal position and willingness to pursue this case to the highest court.

Conclusion

The deportation of Venezuelan gang members to El Salvador despite a federal judge’s order represents a significant challenge to the U.S. constitutional system of checks and balances.

The $6 million agreement with El Salvador to detain these individuals has international implications while raising serious questions about executive power limits.

This incident may have far-reaching consequences for U.S. constitutional law, particularly regarding presidential authority in immigration enforcement and compliance with judicial orders.

As this case proceeds through the appeals process, it will likely test the boundaries between executive power and judicial authority, potentially reaching the Supreme Court for a definitive ruling on these fundamental constitutional questions.

The administration’s justification that the planes were beyond U.S. jurisdiction when the order was issued highlights a novel legal argument about the geographical limits of judicial authority that will undoubtedly be scrutinized in upcoming legal proceedings.

Meanwhile, the deportees remain in El Salvador’s maximum-security prison, their fates tied to this unfolding constitutional confrontation.