Homeland Security Secretary Kristi Noem on Sunday confirmed that she authorized the deportation of Venezuelan detainees to El Salvador—even after a federal judge ordered the flights to stop. Speaking on NBC’s “Meet the Press,” Noem said the decision was hers alone.
“The decisions that are made on deportations, where flights go, and when they go are my decision,” she told host Kristen Welker. “We will continue to do the right thing and ensure that dangerous criminals are removed.”
DOJ Says Noem Directed Transfers Amid Court Dispute
The Justice Department revealed in recent court filings that Noem instructed officials to continue the removals to a Salvadoran megaprison while the courts review whether the Trump administration defied a lawful order. District Judge James Boasberg had orally instructed authorities to return more than 100 Venezuelan detainees to the United States.
The administration insists it wasn’t obligated to follow that directive, arguing the judge’s oral order lacked binding force at the time.
The Alien Enemies Act at the Center of the Fight
This spring, President Trump invoked the 18th-century Alien Enemies Act to expedite deportations of Venezuelan nationals, framing it as part of what he calls the largest removal operation in American history.
DOJ’s latest filing says Noem believed she was acting within the bounds of the law when she authorized transferring detainees already removed from the U.S. to Salvadoran custody. “The decision was lawful,” the filing states, describing it as a reasonable interpretation of the court’s instruction.
Migrants Released After Prisoner Swap
The Venezuelan detainees held in El Salvador were released over the summer and later transferred to Venezuela in a wide-reaching prisoner exchange between the two countries.
Boasberg has already found probable cause to begin contempt proceedings over the deportations. That process was on hold until an appeals court ruled last week that the judge could move forward.
Legal Battle Continues
The underlying lawsuit—brought by the American Civil Liberties Union—challenges the administration’s use of the Alien Enemies Act. Judge Boasberg is still weighing the case.
Noem stood by the administration’s approach.
“I’m proud of President Trump, and his leadership, and the decisions that we have made,” she said.
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