A federal judge ordered authorities to provide further information regarding deportation flights that would transport Venezuelans to El Salvador.
In a statement of oath on March 18, US officials said they did not violate a federal judge’s order regarding deportation. He said this was because the flight that left after the order was issued was carried by Venezuelans who had been deported for other reasons.
The president’s declaration that day stated that the Tren de Aragua gang was at war with the United States and ordered “immediate arrest, detention and removal.”
Boasberg’s orders were related to “members of such classes” “those who would otherwise not be subject to removal.”
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The third flight said it left after the order was entered, but all passengers received an order to remove them from an immigration judge, with no one being removed “based on the declaration of matter.”
Cerna also said that despite it appears to have been signed on March 15, ICE did not act on the declaration until the White House posted online on March 15.
Boasberg was seeking more information about when the declaration was signed, when it was published and when it became effective.
He also asked the government to estimate that people still subject to the declaration are still in the United States.
Cerna said 54 members of Tren de Aragua are in ice custody and another 172 are being monitored by ICE, but an additional 32 are being held by other law enforcement agencies because of arrest or conviction for the crime.
“If they are transferred to ice custody, they will likely be placed in removal procedures,” Serna said.
US foreign policy “considering the substantial amount of time and energy spent over several weeks by high-level government officials, it could potentially change minds about foreign interlocutors’ willingness to accept the specific individuals involved (Tren de Aragua), or else attempt to remove this as an ongoing issue,” he wrote.
In response to the final prong of the judge’s order, US lawyers said there is no need to provide any further details regarding flights in the air or departing after the judge’s order.
“The government argues that there is no good reason to order additional information and that accepting the plaintiff’s explanation of facts is inappropriate to do so because it is not violated by the written order of the court,” they wrote.
“Furthermore, given that the government’s allegations for staying are pending before the DC Circuit, the government should not need to disclose sensitive information relating to national security and diplomatic relations until the allegations are resolved, particularly given that this information is neither material nor time sensitive.”
The lawyer said that if the judge argued, details would be provided on camera.
Boasberg said by noon on March 19, the government must submit a declaration under seal, and that details of flights that have left US airspace before his orders, including the time they landed abroad.
