DHS Secretary Kristi Noem
DHS Secretary Kristi Noem Photo by PATRICK T. FALLON/AFP via Getty Images

Homeland Security Secretary Kristi Noem said deportation decisions are under her authority and denied defying a federal judge who ordered a halt to removal flights to El Salvador earlier this year.

In an interview on NBC News' "Meet the Press," Noem said she would "let [legal proceedings] continue to play through that process," adding that "the decisions that are made on deportations, where flights go and when they go, are my decision at the Department of Homeland Security, and we will continue to do the right thing and ensure that dangerous criminals are removed."

Asked whether she violated the court's directive, she said "no" and criticized "activist judges" and "radical decisions."

Court filings have shown that Noem directed deportation flights to proceed even after U.S. District Judge James Boasberg issued an order in March requiring the return of Venezuelan detainees to the United States. The Trump administration had invoked the Alien Enemies Act to deport alleged members of the Tren de Aragua gang.

A Justice Department filing last week said the orders were relayed to Noem through the Department of Homeland Security's acting general counsel. It stated that "after receiving that legal advice, Secretary Noem directed that the AEA detainees who had been removed from the United States before the Court's order could be transferred to the custody of El Salvador."

Boasberg has resumed a contempt inquiry into whether the administration violated his March directives and has ordered declarations from all government officials involved. He wrote that he must determine whether the order was "clear and reasonably specific," whether the order "was violated," and whether "the violation was willful," as ABC News reports. The government has until December 5 to comply.

The Justice Department argued in filings that its interpretation of the court's order was lawful. "The Court's written order did not purport to require the return of detainees who had already been removed, and the earlier oral directive was not a binding injunction," DOJ attorneys said, adding that the legal advice "did not violate the court's order, much less constitute contempt."

Neither the White House nor the Department of Homeland Security has responded to additional requests for comment on the filings.

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