Power Grab/Fire anyone who can stop him
Trump invoked the Alien Enemies Act and flew 137 Venezuelans to a Salvadoran prison after a judge ordered the planes back
Chief Judge James Boasberg issued restraining orders the evening of March 15, 2025, but the men were already in the air. A criminal contempt inquiry has been started, vacated and restarted, and the men were later sent to Venezuela in a prisoner swap.
What happened
On March 14, 2025, Trump signed Proclamation 10903 invoking the Alien Enemies Act of 1798 against Venezuelans the government said were members of Tren de Aragua. The White House said 137 were removed under the statute on March 15. Lawyers sued the next day.
Chief Judge James Boasberg issued temporary restraining orders that evening and told the government from the bench that any plane in the air should return. Two planes landed in El Salvador anyway, and the men were placed in the CECOT prison. On April 7, 2025, the Supreme Court vacated the orders on venue grounds but held that each man was owed notice and a habeas hearing.
On April 16, 2025, Boasberg found probable cause for criminal contempt. A D.C. Circuit panel vacated that finding. The full court declined rehearing in November 2025, with a majority saying the panel had erred, and the inquiry resumed. A second panel halted it on April 14, 2026; the full court vacated that ruling on June 22 and heard argument in late September, with no decision yet.
On December 22, 2025, Boasberg ruled the men had been denied due process. By then they had been sent to Venezuela in a July 2025 prisoner swap.
Who benefited
The administration got the deportations it wanted before any court could rule. President Nayib Bukele of El Salvador was paid to hold the men at CECOT and gained a showcase for his prison. Trump used images from the flights in his own messaging about immigration.
Who wanted something
Trump signed the proclamation, and Secretary of State Marco Rubio negotiated the arrangement with El Salvador. Stephen Miller drove the Alien Enemies Act strategy. The Justice Department argued in court that oral orders were not binding and that the judge could not direct foreign policy.
Who lost out
The 137 men, many of whom denied any gang tie and were identified by tattoos, spent 4 months in a prison El Salvador says inmates never leave. They were then sent to Venezuela rather than returned to the United States. The district court lost the ability to enforce an order in real time.
Why it matters
This is the clearest case so far of the executive moving people beyond a court’s reach while a judge was trying to stop it. The Supreme Court said the men had a right to a hearing. They did not get one before removal, and the contempt inquiry has been paused for much of a year.
Sources NPRSupreme Court of the United States (primary)Law DorkThe Daily RecordCBS News