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Noem made decision to continue deportation flights to El Salvador, justice department says

By Eric November 27, 2025

In a recent development regarding the Trump administration’s handling of deportation flights, the Department of Justice (DOJ) has asserted that no violations occurred in relation to a federal judge’s order mandating the return of Venezuelan immigrants to the United States. The controversy centers on the decision made by Kristi Noem, the Secretary of the Department of Homeland Security (DHS), to proceed with deportation flights to El Salvador in March, despite the judge’s directive. The DOJ clarified in a court filing that legal advice was provided to the DHS regarding the court’s order, which influenced Noem’s decision to transfer detainees who had already been removed from the U.S. prior to the issuance of the order.

The DOJ’s statement emphasized that Deputy Attorney General Todd Blanche and Principal Associate Deputy Attorney General Emil Bove played crucial roles in advising DHS on the legality of the flights. Following this legal counsel, Secretary Noem authorized the transfer of AEA (Alien Enforcement Action) detainees to El Salvador, asserting that the actions taken were within the bounds of the law. This situation highlights the complex interplay between judicial orders and executive actions within immigration enforcement, particularly during a politically charged climate. The implications of this case extend beyond the immediate circumstances, raising questions about the accountability of government agencies and the interpretation of judicial directives in immigration policy.

As the legal battle continues, this incident serves as a critical reminder of the ongoing challenges faced by immigrants and the intricacies of U.S. immigration law. It underscores the importance of adhering to judicial rulings while navigating the often contentious landscape of immigration enforcement. The response from the DOJ reflects a broader commitment to maintaining the rule of law, even amidst conflicting directives and political pressures. As this situation unfolds, it will be essential to monitor how the courts and the government reconcile these competing interests in the realm of immigration policy.

Justice department maintains that Trump administration didn’t violate judge’s order to return flights to US
The Department of Justice said in a statement that Kristi Noem, secretary of the Department of Homeland Security, was the one who made the decision to continue with the
deportation flights
of Venezuelan immigrants to El Salvador in March, despite a federal judge’s directive that the flights must be returned to the United States.
In a court
filing
on Tuesday, the justice department said that “Deputy Attorney General Todd Blanche and Principal Associate Deputy Attorney General Emil Bove provided DHS with legal advice regarding the court’s order as to flights that had left the United States before the order issued, through DHS Acting General Counsel Joseph Mazzara” and that “after receiving that legal advice, Secretary Noem directed that the AEA detainees who had been removed from the United States before the Court’s order could be transferred to the custody of El Salvador”.

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