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Chuck Darwin<p>What they are saying: <br />On Sunday morning, El Salvador President Nayib Bukele posted a video on X hailing the arrival of the Venezuelans in his country. </p><p>Bukele also mockingly featured an image of a New York Post story about the judge&#39;s order halting the flights.</p><p>⚠️&quot;Oopsie ... too late,&quot; Bukele wrote on X with a crying-laughing emoji</p><p>U.S. Secretary of State Marco Rubio retweeted the post.</p><p>Update: <br />After publication, Leavitt issued a statement: </p><p>&quot;The Administration did not &#39;refuse to comply&#39; with a court order. <br />The order, which had no lawful basis, was issued after terrorist TdA aliens had already been removed from U.S. territory.&quot;</p><p>&quot;The written order and the Administration&#39;s actions do not conflict. Moreover, as the Supreme Court has repeatedly made clear <br />— federal courts generally have no jurisdiction over the President&#39;s conduct of foreign affairs, <br />his authorities under the Alien Enemies Act, and his core Article II powers to remove [[alledged]] foreign alien terrorists from U.S. soil and repel a [[un-]]declared invasion,&quot; she wrote.</p><p> <a href="https://c.im/tags/James" class="mention hashtag" rel="tag">#<span>James</span></a> <a href="https://c.im/tags/Boasberg" class="mention hashtag" rel="tag">#<span>Boasberg</span></a> <a href="https://c.im/tags/Stephen" class="mention hashtag" rel="tag">#<span>Stephen</span></a> <a href="https://c.im/tags/Miller" class="mention hashtag" rel="tag">#<span>Miller</span></a> <a href="https://c.im/tags/Kristy" class="mention hashtag" rel="tag">#<span>Kristy</span></a> <a href="https://c.im/tags/Noem" class="mention hashtag" rel="tag">#<span>Noem</span></a></p>
Chuck Darwin<p>How the White House ignored a judge&#39;s order to turn back deportation flights</p><p>The Trump administration says it 💥ignored a Saturday court order to turn around two planeloads of alleged Venezuelan gang members <br />-- because the flights were over international waters and therefore the ruling &quot;didn&#39;t apply&quot;, two senior officials tell Axios.</p><p>Why it matters: <br />The administration&#39;s decision to defy a federal judge&#39;s order is exceedingly rare and highly controversial.</p><p>&quot;Court order defied. First of many as I&#39;ve been warning and start of true constitutional crisis,&quot; <br />national security attorney Mark S. Zaid, <br />a Trump critic, wrote on X, <br />-- adding that Trump could ultimately be impeached.</p><p>The White House welcomes that fight. </p><p>&quot;This is headed to the Supreme Court. And we&#39;re going to win,&quot; <br />a senior White House official told Axios.</p><p>A second administration official said Trump was not defying the judge whose ruling came too late for the planes to change course: </p><p>&quot;Very important that people understand we are not actively defying court orders.&quot;</p><p>State of play: <br />Trump&#39;s advisers contend U.S. District Judge <a href="https://c.im/tags/James" class="mention hashtag" rel="tag">#<span>James</span></a> <a href="https://c.im/tags/Boasberg" class="mention hashtag" rel="tag">#<span>Boasberg</span></a> overstepped his authority by issuing an order that blocked the president from deporting about 250 alleged Tren de Aragua gang members under the &quot;Alien Enemies Act of 1789&quot;.</p><p>The war-time law gives the executive extreme immense power to deport noncitizens without a judicial hearing. </p><p>But it has been little-used, and never in peacetime.</p><p>&quot;It&#39;s the showdown that was always going to happen between the two branches of government,&quot; <br />a senior White House official said. </p><p>&quot;And it seemed that this was pretty clean. You have [[alleged]] Venezuelan gang members ... These are bad guys, as the president would say.&quot;</p><p>How it happened: White House Deputy Chief of Staff <a href="https://c.im/tags/Stephen" class="mention hashtag" rel="tag">#<span>Stephen</span></a> <a href="https://c.im/tags/Miller" class="mention hashtag" rel="tag">#<span>Miller</span></a> &quot;orchestrated&quot; the process in the West Wing in tandem with Homeland Security Secretary <a href="https://c.im/tags/Kristy" class="mention hashtag" rel="tag">#<span>Kristy</span></a> <a href="https://c.im/tags/Noem" class="mention hashtag" rel="tag">#<span>Noem</span></a>. </p><p>Few outside their teams knew what was happening.</p><p>They didn&#39;t actually set out to defy a court order. </p><p>&quot;We wanted them on the ground first, before a judge could get the case, <br />but this is how it worked out,&quot; <br />said the official.</p><p>The timeline: <br />Trump signed the executive order invoking the Alien Enemies Act on Friday night, <br />but 💥intentionally did not advertise it. </p><p>On Saturday morning, word of the order leaked, officials said, <br />prompting a mad scramble to get planes in the air.</p><p>At 2:31 p.m. Saturday, an immigration activist who tracks deportation flights, posted on X that <br />&quot;TWO HIGHLY UNUSUAL ICE flights&quot; <br />were departing from Texas to El Salvador, <br />which had agreed to accept Venezuelan gang members deported from the U.S.</p><p>Hours later, <br />during a court hearing filed by the ACLU., <br />Boasberg ordered a halt to the deportations and said any flights should be turned around mid-air.</p><p>&quot;This is something that you need to make sure is complied with immediately,&quot; <br />he told the Justice Department, <br />according to the Washington Post.</p><p>At that point, <br />about 6:51 p.m., <br />both flights were off the Yucatan Peninsula, according to flight paths posted on X.</p><p>Inside the White House, officials discussed whether to order the planes to turn around. </p><p>On advice from a team of administration lawyers, <br />the administration pressed ahead.</p><p>&quot;There was a discussion about how far the judge&#39;s ruling can go under the circumstances and over international waters and, on advice of counsel, we proceeded with deporting these thugs,&quot; <br />the senior official said.</p><p>&quot;They were already outside of US airspace. We believe the order is not applicable,&quot; <br />a second senior administration official told Axios.</p><p>Yes, but: <br />The Trump administration was already spoiling for a fight over the Alien Enemies Act <br />— 🔥one of several fronts on which they believe legal challenges to the president&#39;s authority will only end up strengthening it when the Supreme Court rules in his favor.</p><p>Between the lines: <br />👉Officially, the Trump White House is not denying it ignored the judge&#39;s order, <br />and instead wants to shift the argument to whether it was right to expel alleged members of Tren de Aragua.</p><p>&quot;If the Democrats want to argue in favor of turning a plane full of [[alleged]] rapists, murderers, and gangsters back to the United States, <br />that&#39;s a fight we are more than happy to take,&quot; <br />White House Press Secretary Karoline Leavitt told Axios when asked about the case.</p><p>It&#39;s unclear how many of the roughly 250 Venezuelans were deported under the Alien Enemies Act <br />and how many were kicked out of the U.S. due to other immigration laws.</p><p>It&#39;s also not clear whether all of them were actually gang members.</p><p><a href="https://www.axios.com/2025/03/16/trump-white-house-defy-judge-deport-venezuelans" target="_blank" rel="nofollow noopener noreferrer" translate="no"><span class="invisible">https://www.</span><span class="ellipsis">axios.com/2025/03/16/trump-whi</span><span class="invisible">te-house-defy-judge-deport-venezuelans</span></a></p>