Trump administration says it sent 4 alleged migrant gang members to El Salvador despite court order

The Trump administration is acknowledging it deported four noncitizens to El Salvador despite a court order barring the removal of people to countries other than their place of origin without an opportunity to raise concerns about their safety.

In a series of court filings overnight, Justice Department lawyers argued that the court order was not violated because the removal of four alleged members of the Venezuelan gang Tren de Aragua was carried out by the Department of Defense — not the Department of Homeland Security, which is a defendant in the lawsuit.

U.S. District Judge Brian Murphy issued a court order on March 28 requiring that anyone with a final order of removal must have an opportunity to raise concerns about their safety before they are deported to a so-called “third country” that is not on their order of removal or their country of origin.

Three days after Judge Murphy’s order, the four men — who are originally from Venezuela — were flown from U.S. Naval Station Guantanamo Bay to El Salvador, according to a sworn declaration from Tracey Huettl, a unit chief for field operations with U.S. Immigration and Customs Enforcement.

Huettl said that each of the four men were identified as members of Tren de Aragua by federal law enforcement, and had extensive criminal records.

According to her declaration, one man admitted he was a member of the gang and that he recruited prostitutes for the organization, and another was charged with multiple crimes including discharge of a firearm and theft.

Another man is allegedly a sex offender who was charged with human smuggling and convicted for domestic assault, and the last was arrested for possession and use of drug-related objects.

None of the men had orders of removal to El Salvador before they were deported to that country on March 31, according to the filings.

Judge Murphy set an April 28 conference earlier this month to learn more about what he described as the “potential violations of the temporary restraining order.”

Last Friday, the judge issued a preliminary injunction requiring the Trump administration to give noncitizens the chance to raise concerns about their safety before they are removed to third countries.