A new court filing from the U.S. Department of Justice has revealed that Homeland Security Secretary Kristi Noem ultimately approved the controversial deportation of more than 100 Venezuelan men to an infamous detention facility in El Salvador—despite a federal judge’s explicit order to keep those men in U.S. custody.

The disclosure, made public on Tuesday, appears to answer a months-long question that has hovered over one of the most contentious immigration operations of the Trump administration. The filing states that Secretary Noem personally authorized the March deportation flights, which sent the men to CECOT, El Salvador’s massive high-security prison that has gained global attention for its extreme conditions and documented human rights abuses.

According to the Justice Department, Judge James Boasberg—a U.S. District Court judge in Washington, D.C.—issued an emergency order instructing federal officials to halt the removal of migrants who had been rounded up under President Donald Trump’s invocation of the Alien Enemies Act, a rarely used wartime statute. The administration had designated the Venezuelan group as members of the transnational Tren de Aragua gang and moved swiftly to deport them with almost no opportunity for due process.

Despite the order, the flights continued.

The Justice Department’s new filing explains that Noem’s decision to proceed was shaped by legal guidance she received from senior DOJ leadership, including Deputy Attorney General Todd Blanche and then-Principal Associate Deputy Attorney General Emil Bove. That guidance, according to government lawyers, claimed that Boasberg’s oral directive carried no binding legal force and that his later written order did not compel the return of detainees already airborne.

“After reviewing the legal position presented to her,” DOJ attorney Tiberius Davis wrote, “Secretary Noem determined that detainees who had departed U.S. airspace before the court issued its order could legally be transferred to El Salvador.” The filing insists that the decision was lawful and stemmed from a “reasonable interpretation” of the judge’s command.

However, the filing notably avoids stating whether former President Trump or any White House officials played a role in green-lighting the deportation flights.

The revelations come as Judge Boasberg moves forward with criminal contempt proceedings to determine why his March 15 order was disregarded. The case had been paused for several months after the D.C. Circuit Court of Appeals temporarily halted the proceedings, but that pause was lifted earlier this month—allowing Boasberg to resume his inquiry.

Lawyers for the deported men are urging the court to compel testimony from at least nine current and former officials, including Bove—now a federal appeals court judge—and whistleblower Erez Reuveni, who previously alleged that senior DOJ leadership encouraged lawyers to ignore judicial orders during the deportation push. Bove has strongly denied the accusation.

The Supreme Court later ruled that Boasberg lacked jurisdiction to block the deportations under the Alien Enemies Act, though the justices subsequently placed limits on future removals under the same authority. Nonetheless, Boasberg has maintained that he retains the legal authority to investigate whether officials committed contempt by ignoring a valid court order at the time.

The Venezuelan men spent several months inside the CECOT prison before being released this summer through a negotiated prisoner exchange involving the U.S., Venezuela, and El Salvador. Human rights observers say the detainees endured harsh treatment and prolonged isolation.

As the contempt proceedings advance, Boasberg has signaled that he intends to fully uncover how the deportation flights proceeded despite his clear directives. “I certainly intend to find out what happened that day,” he said in a recent hearing.

His next steps may include sworn declarations or live testimony from top-level officials—an extraordinary moment in a case that has become a flashpoint in the ongoing debate over executive power, immigration enforcement, and judicial authority.

FAQ

1. Who authorized the deportation flights?
According to the Justice Department’s filing, Homeland Security Secretary Kristi Noem made the final decision to continue the flights.

2. Why were the deportations controversial?
A federal judge had ordered the U.S. government to stop the removals, but the flights proceeded anyway—raising concerns about possible contempt of court.

3. Where were the migrants taken?
The men were sent to the CECOT mega-prison in El Salvador, known for harsh treatment and alleged human rights abuses.

4. What legal authority was used for the deportations?
The Trump administration invoked the Alien Enemies Act, an 18th-century wartime measure rarely applied in modern immigration cases.

5. Are contempt proceedings still underway?
Yes. Judge Boasberg has resumed efforts to determine whether officials violated his order.