U.S. Secretary of State Marco Rubio wrote on Sunday morning that 250 Venezuelans, allegedly members of the MS-13 and Tren de Agua gangs, were sent to El Salvador after a U.S. federal judge ordered to temporarily halt the removals and turn back any planes carrying deportees.
Newsweek has reached out to several legal scholars for comment via email on Sunday.
Why It Matters
Rubio’s praise for the deportations on Sunday morning comes shortly after a federal judge temporarily halted the Trump administration’s efforts and ordered the planes to return to the U.S.
On Saturday, President Donald Trump invoked the Alien Enemies Act of 1798 to deport alleged gang members. The law, which has been enacted only three times in U.S. history—during the War of 1812, World War I, and World War II—grants the president authority to deport non-citizens without appearing before a judge, among other wartime authorities. Shortly after, a federal judge ordered to temporarily halt it.
Axios reported on Sunday that two senior White House officials acknowledged the administration was aware of and ignored the court order, with one suggesting the legal clash will end up in the U.S. Supreme Court.
Trump’s invocation of the act is part of the administration’s broader efforts to carry out mass deportations, a key campaign promise that received widespread backing from his Republican base and other Americans. Most Democrats oppose his approach but agree on the need for reform.
Saul Loeb, Pool Photo via AP
What To Know
On Saturday, Trump invoked the Alien Enemies Act, seeking to remove the reported Venezuelan gang members, who he said “have unlawfully infiltrated the United States and are conducting irregular warfare and undertaking hostile actions against the United States.”
Shortly after, U.S. District Judge James E. Boasberg ordered to halt deportations for at least 14 days and directed that flights already in the air be turned around.
“Any plane containing these folks that is going to take off or is in the air needs to be returned to the United States however that is accomplished. Make sure it’s complied with immediately,” Boasberg said.
However, it does not appear the government abided by the judge’s ruling.
A spokesperson for the State Department told Newsweek on Sunday, “The State Department does not comment on pending litigation. We would refer you to the Department of Justice for additional information.”
Newsweek has reached out to the Department of Justice for comment on Sunday.
On Sunday morning, Rubio wrote on X, formerly Twitter, that over 250 people have been flown back to El Salvador: “We have sent 2 dangerous top MS-13 leaders plus 21 of its most wanted back to face justice in El Salvador. Also, as promised by @POTUS, 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.”
The Tren de Aragua gang has been designated as a terrorist organization by the Trump administration. The group is accused of engaging in violent crimes, human trafficking, and the smuggling of women and girls for sexual exploitation.
Rubio added in his X post: “President @nayibbukele is not only the strongest security leader in our region, he’s also a great friend of the U.S. Thank you!”
We have sent 2 dangerous top MS-13 leaders plus 21 of its most wanted back to face justice in El Salvador. Also, as promised by @POTUS, 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…
— Secretary Marco Rubio (@SecRubio) March 16, 2025
Nayib Bukele, the president of El Salvador, also announced their arrival on his X account, noting that among those deported were 23 MS-13 members, “including two ringleaders,” and 238 Tren de Aragua members.
His post included a video of the members being transferred off the plane to be transported to the Terrorism Confinement Center (CECOT).
“May God bless El Salvador, and may God bless the United States,” Bukele wrote.
The U.S. and El Salvador reached an agreement last month where the U.S. will pay the country $6 million to hold around 300 gang members in its notorious prison, CECOT.
Later on Sunday afternoon, Trump posted to Truth Social to thank Bukele.
“Thank you to El Salvador and, in particular, President Bukele, for your understanding of this horrible situation, which was allowed to happen to the United States because of incompetent Democrat leadership. We will not forget!” he wrote.
U.S. District Court, District of Columbia.
What People Are Saying
U.S. Attorney General Pam Bondi said: “This order disregards well-established authority regarding President Trump’s power, and it puts the public and law enforcement at risk.”
In a statement shared with Newsweek, Lee Gelernt, lead counsel at the American Civil Liberties Union (ACLU), said: “The Trump administration’s intent to use a wartime authority for immigration enforcement is as unprecedented as it is lawless. It may be the administration’s most extreme measure yet, and that is saying a lot.”
President Donald Trump in his Saturday order: “I find and declare that TdA is perpetrating, attempting, and threatening an invasion or predatory incursion against the territory of the United States. TdA is undertaking hostile actions and conducting irregular warfare against the territory of the United States both directly and at the direction, clandestine or otherwise, of the Maduro regime in Venezuela.”
New York Attorney General Letitia James wrote in an X post Saturday evening: “Invoking the Alien Enemies Act, a centuries-old wartime law with a dark history, will fuel more chaos and fear across the nation. We will use every tool at our disposal to fight back against the Trump administration and protect the rights of immigrant communities.”
White House press secretary Karoline Leavitt emailed a statement to Newsweek Sunday morning: “This weekend, at the President’s direction, the Department of Homeland Security successfully arrested nearly 300 Tren De Aragua terrorists, saving countless American lives. Thanks to the great work of the Department of State, these heinous monsters were extracted and removed to El Salvador where they will no longer be able to pose any threat to the American People.”
Leavitt told Axios later on Sunday: “If the Democrats want to argue in favor of turning a plane full of rapists, murderers, and gangsters back to the United States, that’s a fight we are more than happy to take.”
Katherine Yon Ebright, legal counsel at The Brennan Center for Justice, wrote in a March 15 statement: “The president is invoking the Alien Enemies Act to try to dispense with due process. He wants to bypass any need to provide evidence or to convince a judge that someone is actually a gang member before deporting them. The only reason to invoke such a power is to try to enable sweeping detentions and deportations of Venezuelans based on their ancestry, not on any gang activity that could be proved in immigration proceedings.
“This power grab is flagrantly illegal. The Alien Enemies Act may be used only during declared wars or armed attacks on the United States by foreign governments. The president has falsely proclaimed an invasion and predatory incursion to use a law written for wartime for peacetime immigration enforcement. The courts should shut this down.”
What Happens Next?
A hearing is scheduled for Friday to determine whether the judge’s injunction on the Act will be extended.
It remains unclear what legal consequences the administration could face for seemingly defying the judge’s order as suggested by Rubio’s announcement.
Update 3/16/25, 6 p.m. ET: This article has been updated with a comment from Trump on social media.
Update 3/16/25, 5:08 p.m. ET: This article has been updated with additional information.
Update 3/16/25, 11:25 a.m. ET: This article has been updated with additional information and comment from the State Department.
Update 3/16/25, 10:44 a.m. ET: This article has been updated with additional information.
