A federal judge has ruled that the U.S. government denied due process to a group of Venezuelan men who were deported to El Salvador in March under the 1798 Alien Enemies Act.
Chief Judge James Boasberg of the U.S. District Court for the District of Columbia has ordered the administration to facilitate their return to the U.S. or provide them with a hearing to address accusations of affiliation with the Venezuelan criminal gang Tren de Aragua.
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."
Background of the Deportations
On March 15, then-President Trump invoked the infrequently used Alien Enemies Act, targeting individuals identified as alleged members of Tren de Aragua. Following this, the government deported 137 Venezuelan individuals to El Salvador, specifically to the Center for Terrorism Confinement (CECOT).
Judge Boasberg issued a temporary restraining order seeking to halt the deportations on the same evening, but the removals had already taken place. The Justice Department subsequently contended that the court had overstepped its authority by addressing foreign policy matters.
After their deportation to El Salvador, some of the individuals were reportedly sent to their home country as part of a prisoner exchange.
Legal Challenge and Court's Decision
The deportations were challenged by the American Civil Liberties Union (ACLU) and Democracy Forward. Their legal argument asserted that the Alien Enemies Act had been invoked unlawfully and that the individuals should have been afforded an opportunity to present their case against removal.
Judge Boasberg agreed with this position, determining that the class of individuals was denied their due-process rights and was entitled to a hearing. The court certified the group deported on March 15 as a class, allowing six Venezuelan men who initiated the lawsuit to represent the entire group.
Judge Boasberg also clarified that the U.S. retained custody over the men while they were held in El Salvador, thereby maintaining the court's jurisdiction over their status.
Late last year, Judge Boasberg had initially determined that the men were denied due process and had offered the U.S. government an opportunity to propose measures to ensure they could have hearings on their habeas corpus claims and challenge their designation under the Alien Enemies Act. In his recent ruling, the judge noted that the government had not proposed such measures.
Court-Ordered Remedy
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."
Judge Boasberg's ruling further specified that the government must cover the cost of travel or accept at a U.S. port of entry any of these individuals currently residing in countries other than Venezuela. Upon arrival, they are expected to face detention as they address the accusations of being members of Tren de Aragua.
Individuals who are still in Venezuela can challenge their deportation from that country but are not currently permitted entry to the U.S. The judge instructed the plaintiffs to provide a list within 15 days of individuals desiring to return to the U.S. The number of individuals who will pursue habeas claims or who remain in Venezuela is currently unknown.
Reactions and Context
Department of Homeland Security spokesperson Tricia McLaughlin affirmed the government's position that the men were terrorists and stated their removal was carried out "under the proper legal authorities." McLaughlin also commented that the case had become less about facts or law and more about Judge Boasberg's actions regarding the former administration's agenda.
Lee Gelernt, an attorney representing the men for the ACLU, stated that the previous administration sent the individuals to a prison without due process, and the court's order aims to ensure the men receive their constitutional right to defend themselves.
Former President Trump and Judge Boasberg had prior disagreements regarding judicial rulings, including a call by Trump for Boasberg's impeachment. U.S. Supreme Court Chief Justice John Roberts subsequently issued a statement clarifying that impeachment is not appropriate for judicial disagreements.