Federal Judge Orders Trump Administration to Return Venezuelan Migrants Deported Under Alien Enemies Act
A federal judge has mandated the Trump administration to cover the costs of returning a group of Venezuelan migrants to the U.S., after they were initially deported to a high-security prison in El Salvador under the rarely invoked Alien Enemies Act. The ruling stems from accusations that the migrants were members of the Venezuelan criminal organization, Tren de Aragua, and a challenge to the due process rights afforded to them.
A U.S. District Court judge ruled on Thursday that the government must either fly the 137 Venezuelans back to the U.S. or accept them at a U.S. port of entry. Those currently residing outside of Venezuela will likely face detention upon arrival as they contest the allegations against them. Individuals still in Venezuela will have the opportunity to challenge their deportation from within the country, but will not be permitted to enter the U.S. at this time.
Due Process Concerns and the CECOT Prison
The Venezuelans were initially deported to the Center for Terrorism Confinement (CECOT), a notorious maximum-security prison in El Salvador, despite an existing court order that directed the flight to return to the United States. They were subsequently transferred to their home countries as part of a prisoner exchange.
Judge James Boasberg previously determined late last year that the men had been denied their constitutional right to due process. He then offered the U.S. government an opportunity to outline steps to ensure the men received hearings regarding their habeas corpus claims and could challenge their designation under the Alien Enemies Act.
“Apparently not interested in participating in this process, the Government’s responses essentially told the Court to pound sand,” Boasberg wrote in his recent ruling. “Mindful of the flagrancy of the Government’s violations of the deportees’ due-process rights that landed Plaintiffs in this situation, the Court refuses to let them languish in the solution-less mire Defendants propose.”
The judge acknowledged uncertainty regarding how many of the men will pursue their habeas claims or their current locations.
Government Response and Legal Battles
In a statement provided to NPR, a Department of Homeland Security spokesperson maintained the government’s position that the men were “removed under the proper legal authorities,” and characterized them as terrorists. The spokesperson further asserted that “This case is no longer about the facts or law, but about Judge Boasberg’s crusade to stop President Trump from doing the will of the American People.”
The Trump administration has a history of conflict with Judge Boasberg over his rulings, even going so far as to call for his impeachment last year. This prompted a rare public statement from Chief Justice John Roberts of the U.S. Supreme Court, who affirmed that impeachment is not an appropriate response to judicial disagreements.
Lee Gelernt, an attorney with the ACLU representing the men, stated that the Trump administration “sent these men to a brutal torture prison and did so without due process… the Court was left with no choice but to order that the men now receive their constitutional right to defend themselves.”
Judge Boasberg has ordered the plaintiffs to submit a list within 15 days identifying those who wish to return to the U.S. to pursue their legal claims.
