Federal Court Rules on Alien Enemies Act Deportations
A federal judge has determined that the U.S. government denied due process to Venezuelan men deported to El Salvador in March, following President Trump's invocation of the Alien Enemies Act. Chief Judge James Boasberg of the U.S. District Court for the District of Columbia issued the ruling on Monday.
Background of the Deportations
On March 15, then-President Trump invoked the 1798 Alien Enemies Act, targeting individuals identified as alleged members of Tren de Aragua, a Venezuelan prison gang. Following this invocation, the government transported multiple groups of alleged gang members to El Salvador. The White House confirmed that 137 individuals were removed under the statute at that time. These individuals have since been returned to Venezuela.
Judge Boasberg issued a temporary restraining order prohibiting further deportations on the same evening; however, the deportations had already occurred. The Justice Department subsequently contended that the court had overstepped its authority by addressing foreign policy matters.
Legal Challenge and Court's Decision
The American Civil Liberties Union (ACLU) and Democracy Forward challenged the deportations. Their legal argument posited that the Alien Enemies Act had been invoked unlawfully and that the men should have been afforded an opportunity to present their case against removal.
Judge Boasberg agreed with this position, stating in his order that the individuals were entitled to a hearing. His opinion noted, "On the merits, the Court concludes that this class was denied their due-process rights and will thus require the Government to facilitate their ability to obtain such hearing. Our law requires no less."
The court also certified the group of individuals deported on March 15 as a class. This means that six Venezuelan men who initiated the lawsuit could represent the entire group of deported individuals. Judge Boasberg further clarified that the U.S. retained custody over the men while they were held in El Salvador, maintaining the court's jurisdiction over their status.
Remedy Ordered
The court has mandated that the administration, by January 5, either "facilitate" the return of the deported individuals to the U.S. or "otherwise provide them with hearings that satisfy the requirements of due process."