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DOJ Says Homeland Security Secretary Noem Approved Deportation of 100+ Venezuelan Men Despite Judge’s Order

The Justice Department says Homeland Security Secretary Kristi Noem approved the removal of more than 100 Venezuelan detainees last spring despite a federal judge’s order to keep them in U.S. custody. The men were flown to El Salvador’s CECOT prison—where human-rights groups have reported abuses—and later returned to Venezuela through a U.S.-brokered swap. DOJ argues no contempt hearing is needed, contending the judge’s oral instruction lacked enforceable effect, while the judge has resumed proceedings to determine what happened.

09:05 PM, 11/26/2025Politics
DOJ Says Homeland Security Secretary Noem Approved Deportation of 100+ Venezuelan Men Despite Judge’s Order

The Justice Department says Homeland Security Secretary Kristi Noem authorized the removal of more than 100 Venezuelan detainees last spring even after a federal judge ordered they remain in U.S. custody. According to a recent court filing, Noem acted after receiving legal advice from senior DOJ officials.

DOJ names Deputy Attorney General Todd Blanche and then-Principal Associate Deputy Attorney General Emil Bove among those who provided legal guidance before the transfers took place.

“After receiving that legal advice, Secretary Noem directed that the AEA [Alien Enemies Act] detainees who had been removed from the United States before the Court’s order could be transferred to the custody of El Salvador,” DOJ attorney Tiberius Davis wrote.

The men were flown to El Salvador’s CECOT mega-prison, a facility where Human Rights Watch has documented torture and other abuses. They remained there for months before a U.S.-brokered arrangement returned them to Venezuela, the filing states.

Legal dispute and contempt proceedings

U.S. District Judge James Boasberg has flagged the March 15 removals as potentially rising to criminal contempt. The Justice Department argues a contempt hearing is unnecessary, saying the judge’s oral instruction to keep the men in U.S. custody had no enforceable effect and that his later written order could not be applied once the aircraft left U.S. airspace.

Boasberg, an Obama appointee, has said he still intends to determine “what happened that day.” Contempt proceedings resumed after an appeals-court hold was lifted. Separately, the Supreme Court later concluded that Boasberg lacked jurisdiction over certain aspects of the case and issued an order pausing further removals under the Alien Enemies Act while related appeals proceed.

Witnesses and allegations

Attorneys for the deportees are seeking testimony from nine current and former officials, including Emil Bove—now a federal appeals-court judge—and former DOJ immigration litigator Erez Reuveni, who was dismissed in April. Reuveni alleges Bove urged lawyers to defy any court order; Bove denies that allegation. Reuveni has since affiliated with the legal advocacy group Democracy Forward amid the dispute.

The government’s filing asserts Secretary Noem’s decision "was lawful and was consistent with a reasonable interpretation of the Court’s order." The filing does not say whether the President or other White House officials were involved in the decision to proceed with removals.

As the court seeks testimony and documentary evidence, the case is likely to focus on who approved the transfers, what legal advice was given, and whether any official conduct crossed the line into contempt or other sanctionable behavior.

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