DOJ says Kristi Noem authorized deportation flights despite judge’s order — controversy grows

The Justice Department is acknowledging that Homeland Security Secretary Kristi Noem made the decision to continue deportation flights to El Salvador, despite a federal judge ordering that the planes turn around.

A court filing confirms the department is cooperating with a criminal contempt inquiry launched by the judge, who wants to determine which administration officials were responsible for defying his order.

The removals stem from the Trump administration’s use of the Alien Enemies Act to fast-track deportations of individuals alleged to be members of a Venezuelan gang. The judge intervened and issued an order to halt the flights — but they continued anyway.

According to the filing, Noem received legal advice from senior Justice Department officials regarding how to interpret the judge’s directive. She then approved a decision to allow detainees who had already departed the U.S. to proceed to El Salvador.

Those migrants were later held for months in a high-security facility before being released as part of a prisoner swap earlier this year.

The Justice Department says it will continue to assist the court as the investigation moves forward.

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