Noem Admits Ordering Defiance Of Judge’s Deportation Order — Dares Court To Act

Noem Admits She Ordered Officials To Ignore Court Order

Summary: In a high-profile filing late Friday, DHS Secretary Kristi Noem acknowledged that she directed officials to proceed with the transfer of detainees despite an oral federal court order that sought to keep the planes in the United States.

What Happened

The dispute centers on a March 15 incident when D.C. Chief U.S. District Judge James E. Boasberg issued an oral order instructing that two planes bound for El Salvador — carrying mostly Venezuelan migrants — remain in the United States. By that time the aircraft were already airborne.

Despite the judge's instruction — "

Any plane containing these folks that is going to take off or is in the air needs to be returned to the United States.

" — the flights continued. The detainees were handed over to El Salvador's CECOT mega-prison, a facility widely criticized for human rights abuses, and months later several of the men were transferred to Venezuela as part of a prison swap.

Noem's Filing And The Justice Department

Seeking to determine who disregarded the court's order, Judge Boasberg ordered written testimony from officials involved. In her declaration, Noem, 54, said she made the decision to direct the transfers. A filing appended to her declaration challenged the court to act if it believed the order plainly prohibited the transfers:

"Accordingly, if the Court continues to believe its order was sufficiently clear in imposing an obligation to halt the transfer of custody for detainees who had already been removed from the United States, the Court should proceed promptly with a referral."

The Justice Department confirmed last week that Noem authorized the transfers. DOJ attorney Tiberius Davis told the court:

"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."

The DOJ has argued the judge's oral order — which aimed to halt the deportation of more than 100 men — was ambiguous and that the transfers were legally defensible under its interpretation.

Whistleblower Allegations And Political Backdrop

Over the summer, former DOJ attorney Erez Reuveni, a whistleblower, alleged the department always planned to disregard Boasberg's rulings. Reuveni accused then-principal associate deputy attorney general Emil Bove of instructing DOJ attorneys "to be prepared to tell courts 'f--- you' if they ruled against the government," according to a letter from Senator Sheldon Whitehouse to Chief Justice John Roberts. Reuveni also said Bove told lawyers "the planes need to take off no matter what."

Judge Boasberg, who has at times drawn criticism from former President Donald Trump when his rulings frustrated administration actions, has remained a focus of partisan attacks. After the March order, Trump denounced Boasberg as a "Radical Left Lunatic of a Judge" and called for his impeachment, prompting a rare public rebuke from Chief Justice John Roberts.

Legal Aftermath

The Supreme Court ultimately vacated Boasberg's order, concluding he lacked the authority to impose the halt to the deportations. Nonetheless, Boasberg has continued to investigate whether the DOJ's actions — and Noem's directive to proceed before the Supreme Court ruling — amounted to contempt of court. As he noted in filings,

"Such disobedience is punishable as contempt, notwithstanding any later-revealed deficiencies."

The continuing inquiry will focus on who participated in the decision to transfer custody, what legal advice was relied upon, and whether the government deliberately flouted a judge's directive while the matter was under judicial consideration.