Washington (AP): The Trump administration has transferred hundreds of immigrants to El Salvador even as a federal judge issued an order temporarily barring the deportations under an 18th century wartime declaration targeting Venezuelan gang members, officials said Sunday. Flights were in the air at the time of the ruling.

US District Judge James E. Boasberg issued an order Saturday temporarily blocking the deportations, but lawyers told him there were already two planes with immigrants in the air — one headed for El Salvador, the other for Honduras. Boasberg verbally ordered the planes be turned around, but they apparently were not and he did not include the directive in his written order.

White House press secretary Karoline Leavitt, in a statement Sunday, responded to speculation about whether the administration was flouting court orders: “The administration did not refuse to comply' with a court order. The order, which had no lawful basis, was issued after terrorist TdA aliens had already been removed from U.S. territory.”

The acronym refers to the Tren de Aragua gang, which Trump targeted in his unusual proclamation that was released Saturday

In a court filing Sunday, the Department of Justice, which has appealed Boasberg's decision, said it would not use the Trump proclamation he blocked for further deportations if his decision is not overturned.

Trump sidestepped a question over whether his administration violated a court order while speaking to reporters aboard Air Force One on Sunday evening.

“I don't know. You have to speak to the lawyers about that," he said, although he defended the deportations. “I can tell you this. These were bad people."

Asked about invoking presidential powers used in times of war, Trump said, “This is a time of war,” describing the influx of criminal migrants as “an invasion."

Trump's allies were gleeful over the results.

“Oopsie…Too late,” Salvadoran President Nayib Bukele, who agreed to house about 300 immigrants for a year at a cost of $6 million in his country's prisons, wrote on the social media site X above an article about Boasberg's ruling. That post was recirculated by White House communications director Steven Cheung.

Secretary of State Marco Rubio, who negotiated an earlier deal with Bukele to house immigrants, posted on the site: “We sent over 250 alien enemy members of Tren de Aragua which El Salvador has agreed to hold in their very good jails at a fair price that will also save our taxpayer dollars.”

Steve Vladeck, a professor at the Georgetown University Law Center, said that Boasberg's verbal directive to turn around the planes was not technically part of his final order but that the Trump administration clearly violated the “spirit” of it.

“This just incentivises future courts to be hyper specific in their orders and not give the government any wiggle room,” Vladeck said.

The immigrants were deported after Trump's declaration of the Alien Enemies Act of 1798, which has been used only three times in U.S. history.

The law, invoked during the War of 1812 and World Wars I and II, requires a president to declare the United States is at war, giving him extraordinary powers to detain or remove foreigners who otherwise would have protections under immigration or criminal laws. It was last used to justify the detention of Japanese-American civilians during World War II.

Venezuela's government in a statement Sunday rejected the use of Trump's declaration of the law, characterizing it as evocative of “the darkest episodes in human history, from slavery to the horror of the Nazi concentration camps.”

Tren de Aragua originated in an infamously lawless prison in the central state of Aragua and accompanied an exodus of millions of Venezuelans, the overwhelming majority of whom were seeking better living conditions after their nation's economy came undone during the past decade. Trump seized on the gang during his campaign to paint misleading pictures of communities that he contended were “taken over” by what were actually a handful of lawbreakers.

The Trump administration has not identified the immigrants deported, provided any evidence they are in fact members of Tren de Aragua or that they committed any crimes in the United States. It also sent two top members of the Salvadoran MS-13 gang to El Salvador who had been arrested in the United States.

Video released by El Salvador's government Sunday showed men exiting airplanes onto an airport tarmac lined by officers in riot gear. The men, who had their hands and ankles shackled, struggled to walk as officers pushed their heads down to have them bend down at the waist.

The video also showed the men being transported to prison in a large convoy of buses guarded by police and military vehicles and at least one helicopter. The men were shown kneeling on the ground as their heads were shaved before they changed into the prison's all-white uniform — knee-length shorts, T-shirt, socks and rubber clogs — and placed in cells.

The immigrants were taken to the notorious CECOT facility, the centerpiece of Bukele's push to pacify his once violence-wracked country through tough police measures and limits on basic rights

The Trump administration said the president actually signed the proclamation contending Tren de Aragua was invading the United States on Friday night but didn't announce it until Saturday afternoon. Immigration lawyers said that, late Friday, they noticed Venezuelans who otherwise couldn't be deported under immigration law being moved to Texas for deportation flights. They began to file lawsuits to halt the transfers.

“Basically any Venezuelan citizen in the US may be removed on pretext of belonging to Tren de Aragua, with no chance at defense,” Adam Isacson of the Washington Office for Latin America, a human rights group, warned on X.

The litigation that led to the hold on deportations was filed on behalf of five Venezuelans held in Texas who lawyers said were concerned they'd be falsely accused of being members of the gang. Once the act is invoked, they warned, Trump could simply declare anyone a Tren de Aragua member and remove them from the country.

Boasberg barred those Venezuelans' deportations Saturday morning when the suit was filed, but only broadened it to all people in federal custody who could be targeted by the act after his afternoon hearing. He noted that the law has never before been used outside of a congressionally declared war and that plaintiffs may successfully argue Trump exceeded his legal authority in invoking it.

The bar on deportations stands for up to 14 days and the immigrants will remain in federal custody during that time. Boasberg has scheduled a hearing Friday to hear additional arguments in the case.

He said he had to act because the immigrants whose deportations may actually violate the U.S. Constitution deserved a chance to have their pleas heard in court.

“Once they're out of the country," Boasberg said, "there's little I could do."

 

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Congress MP K. C. Venugopal on Monday raised concerns over the election schedule announced by the Election Commission of India for the upcoming Kerala Assembly election, questioning the timing of the poll dates and alleging that the schedule leaves limited time for campaigning.

Speaking to news agency ANI in Delhi after the poll panel announced elections in five states and Union Territories, Venugopal said that the Congress and the United Democratic Front (UDF) are fully prepared for the elections and confident of victory. At the same time, he questioned the pattern of dates announced by the Election Commission.

“We are fully prepared, we are going to win the elections... You can see how the Election Commission has set the dates. The first phase of elections is on the 9th, nominations are due until the 23rd, scrutiny is on the 24th, nominations can be withdrawn until the 26th, and after that, there are 11 days for campaigning,” he said.

“As for Kerala, there is Easter and Good Friday in the first week...The Election Commission could have announced the dates earlier... The counting date is on May 4th, so what was the point of holding elections in Kerala so early? What is their intention behind holding elections on the same day in Kerala, Puducherry, and Assam?... We are confident that we will win, but the people of the country are seeing the biased attitude of the Election Commission...,” he added.

He further stated that his party was ready for elections irrespective of the dates announced by the poll body.

“We are going to win the election. India's strategy has been set up. And we are all ready for winning this election. But one thing as far as declaring election, even though they are giving only for five days, we are going to win the election. We have no problem,” he said.

Detailing the poll schedule while questioning the time available for campaigning, he stated, “but you can see the pattern of date which the election commission announced. Yesterday they declared election, and today they notified us. The first phase of election on April 9th, filing of nomination will be over on the 23rd of this month, 24th scrutiny, 26th withdrawal of nomination. After 26, four plus seven, 11 days campaign.”

“As far as Kerala is concerned, April first week is a holy week. The holiday week means, Good Friday is there. Nobody will do anything on Good Friday. Easter is the big festival. These festivals are natural, you have to see that. Among the 11 days, working days, two, three days will go for holidays. Then hardly seven, eight days for campaigning in this election for candidates,” the Congress MP questioned.

The Congress leader said the Election Commission could have announced the dates earlier if there was a need for an early election schedule.

Questioning the urgency behind placing Kerala in the first phase of polling, he added that the counting date is much later.

“Which is the date of counting? Fourth May. Then what is the urgency of putting Kerala in the first phase without giving sufficient time for candidates? And putting Kerala, Puducherry, Assam together, what is the intention behind that?” Venugopal questioned.

He also alleged that the Election Commission was not functioning as a neutral institution.

“The Election commission is completely losing that capacity as a neutral player. You can see 14 of our prime minister's programs over and on the 15th they announce the election, 16th notification comes,” he said.

Venugopal further stated that such tactics would not affect the Congress’ prospects in the election.

“They think that this type of techniques and tactics, because of these techniques and tactics, UDF is going to lose, and Congress is going to lose. This is their complete dream only. This is not going to happen. We are very much confident at any cost, whether they are not giving any time also, we are going to win the election,” he said.

“But the people of India are watching this. The tricks of the election commission. To restrict the campaign, people of India are watching. This I want to bring into the notice of the nation. That's all,” Venugopal said.

The Election Commission of India on Sunday announced the schedule for the Kerala Assembly election. Polling in the state will be held in a single phase on April 9 while the counting of votes is scheduled to take place on May 4.