White House deputy chief of staff Stephen Miller and Department of Homeland Security Secretary Kristi Noem rushed to get two planes carrying 250 Tren de Aragua gang members in the air after a judge’s order blocking them was leaked, according to a report.
An Axios report on Sunday detailed the scramble from Trump administration officials to avoid a judge’s eventual halting of all deportation flights carrying members of the Venezuelan-based gang after President Donald Trump invoked the 1798 Alien Enemies Act to do so.
After the judge’s ruling, which blocks all such deportation efforts for 14 days, was leaked on Saturday morning, Miller and Noem worked to get the planes up over international waters just before it was issued that night by Judge James Boasberg of the U.S. District Court for the District of Columbia.
“We wanted them on the ground first, before a judge could get the case, but this is how it worked out,” a senior White House official said.
By the time the ruling came down, both flights were already near their destinations in El Salvador and Honduras, with Boasberg adding at the time that those planes would need to be directed back to the United States.
“Any plane containing these folks that is going to take off or is in the air needs to be returned to the United States however that is accomplished. Make sure it’s complied with immediately,” he said.
Trump administration officials then debated over whether to order the planes back, and after advice from lawyers, continued with the deportation efforts.
“There was a discussion about how far the judge’s ruling can go under the circumstances and over international waters and, on advice of counsel, we proceeded with deporting these thugs,” a senior official said.
At least one of the planes made it to El Salvador, with President Nayib Bukele confirming the migrants’ arrival in footage posted on X.
Now, the administration is arguing the judge’s ruling does not apply to the two deportation flights since they were outside of U.S. airspace when it came down.
“They were already outside of US airspace. We believe the order is not applicable,” a second senior administration official said.
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Officials are also expressing confidence that any legal action against the administration for its defiance of the ruling would head to the Supreme Court, and they would win.
“This is headed to the Supreme Court. And we’re going to win,” a senior White House official said.
