DHS Sec. Kristi Noem approved deportation transfers despite court ruling

 November 27, 2025

Hold onto your hats, folks—Homeland Security Secretary Kristi Noem has landed in hot water for greenlighting the transfer of over 100 Venezuelan men to a Salvadoran prison, even as a federal judge’s voice was still echoing with a stop order, as The Hill reports.

Here’s the crux: Noem authorized the deportation of these individuals to El Salvador’s notorious CECOT megaprison, brushing aside an oral directive from District Judge James Boasberg to turn the planes around, all while the Justice Department insists her call was legally sound.

Let’s rewind to the starting line -- President Donald Trump invoked the Alien Enemies Act in March, setting the stage for deporting alleged Venezuelan gang members with a stroke of his pen.

Noem’s Bold Move Sparks Controversy

Enter Secretary Noem, who, after receiving legal counsel, decided to move forward with transferring the detainees to Salvadoran custody, claiming it aligned with a “reasonable interpretation” of the court’s wishes.

The Justice Department doubled down, stating, “After receiving that legal advice, Secretary Noem directed that the AEA detainees who had been removed from the United States before the Court’s order could be transferred to the custody of El Salvador." Well, that’s a neat way to sidestep a judge’s ruling -- call it “reasonable” and hope no one notices the plane’s already landed.

Meanwhile, Judge Boasberg wasn’t buying the memo, as his oral order to halt the flights was apparently treated more like a polite suggestion than a binding command by the Trump administration.

Justice Department Defends Deportation Decision

The Justice Department’s filings reveal a staunch belief that compliance with the judge’s directive wasn’t mandatory, a stance that’s raised more than a few eyebrows in legal circles.

ACLU attorney Lee Gelernt fired back, saying, “The government’s claim that Judge Boasberg’s order was ambiguous is wholly without merit.” Talk about a swing and a miss -- trying to paint a clear judicial stop sign as a blurry suggestion takes some serious spin.

Adding fuel to the fire, the deportees didn’t stay long in CECOT; they were later released and sent back to Venezuela in a prisoner swap, raising questions about the point of the whole ordeal.

Whistleblower Allegations Stir the Pot

Now, let’s talk whistleblowers -- Erez Reuveni, a former DOJ lawyer fired earlier this year, has come forward with damning claims about internal misconduct surrounding these deportations.

Reuveni alleges that Drew Ensign, another DOJ figure, misled the court by denying knowledge of the impending flights, despite internal texts suggesting otherwise. If true, that’s not just a misstep; it’s a full-on stumble into ethical quicksand.

He also pointed fingers at Emil Bove, a high-ranking DOJ official at the time, for allegedly floating the idea of outright defying court orders with a rather colorful dismissal of judicial authority.

Legal Battles Continue to Unfold

The courtroom drama isn’t over -- Judge Boasberg is set to hear testimony from both Reuveni and Ensign as contempt proceedings, paused for months, have resumed following a recent appeals court ruling.

On the horizon, the broader legal challenge to Trump’s use of the Alien Enemies Act remains active in Boasberg’s court, promising more fireworks as the administration’s policies face scrutiny. While the Department of Homeland Security stays mum, the silence speaks volumes about the tightrope they’re walking.

So, where does this leave us? Noem’s decision, backed by legal advice or not, has conservatives cheering a tough stance on border security, even if it means bending the rules a bit -- because sometimes, protecting the homeland can’t wait for a gavel’s final bang.

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