Boston: A federal judge is scrutinizing the U.S. Department of Defense’s involvement in the deportation of four Venezuelan migrants from Guantanamo Bay to El Salvador, raising questions about whether the move violated a standing court order.
During a hearing in Boston, U.S. District Judge Brian Murphy ordered the Trump administration to disclose the names of any individuals recently flown from the U.S. naval base in Cuba to El Salvador. The request aims to determine if those deportations were executed in defiance of Murphy’s March ruling, which restricted rapid deportations without due process.
In March, Judge Murphy issued a temporary restraining order—later extended into a formal injunction—prohibiting the Department of Homeland Security (DHS) from removing migrants to third countries without first granting them the opportunity to present claims of fear for their safety or risk of torture.
At Monday’s hearing, U.S. Justice Department attorney Jonathan Guynn contended that the administration had not violated Murphy’s order. He argued that the deportation flights were carried out by the Department of Defense (DoD) and not “directed” by DHS. The four individuals in question included three alleged members of the Venezuelan gang Tren de Aragua.
The judge, however, expressed skepticism about how such removals could occur without coordination between the DoD and DHS. “What authority would DOD have to effectuate that deportation?” Murphy asked during the proceedings.
Guynn acknowledged the complexity of the situation and stated he could not immediately answer the question, noting “it’s a new day, and there have been lots of changes.” He promised to file additional briefings to address the issue.
This case is part of a broader legal challenge to the administration’s immigration enforcement strategy, which has drawn judicial scrutiny in several cases. Judges have previously ruled that the administration violated orders by swiftly deporting hundreds of Venezuelans to El Salvador under wartime law and failing to assist the return of migrants wrongly deported.
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Many of the deported Venezuelans, alleged by U.S. officials to be affiliated with Tren de Aragua, are now being detained at El Salvador’s high-security Terrorism Confinement Center. This arrangement is part of a $6 million agreement between Washington and Salvadoran President Nayib Bukele’s government.
Trina Realmuto, a lawyer with the National Immigration Litigation Alliance who represents plaintiffs in the case, challenged the administration’s claim that DHS was uninvolved in the deportation flights. “Defendants cannot blatantly disregard the court’s order simply by having another government, department, or agency complete the final step,” she told the court.
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She further urged Judge Murphy to modify his injunction to explicitly prohibit removals from Guantanamo Bay, arguing that such migrants face grave risks if returned. Murphy indicated he was open to the idea but wanted to determine whether he had the legal authority to implement such a change. He stated he would issue a ruling by Thursday.
In the interim, Murphy instructed the government to provide Realmuto’s team, within two weeks, with the names of individuals flown from Guantanamo to El Salvador who may fall under the court’s protection.
