U.S. District Judge James Boasberg has ordered the Trump administration to facilitate the return of Venezuelan migrants who were deported to El Salvador’s CECOT prison last year in violation of a court order.
The ruling marks a sharp rebuke of the administration’s handling of the deportations. Judge Boasberg said the migrants were denied due process and made clear the government must now fix what happened.
“Our starting point is the Court’s prior finding that the deportees were denied due process,” Boasberg wrote. “Against this backdrop, and 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 order requires the government to issue boarding letters and pay for airfare for Venezuelans who are currently in third countries and want to return to the United States.
The deportations stem from Trump’s use of the Alien Enemies Act, an 18th-century wartime law that allows the removal of noncitizens with limited due process. The administration argued that the Venezuelan gang Tren de Aragua qualified as a hostile force.
Boasberg had previously issued a temporary restraining order directing that deportation flights be turned around. Justice Department lawyers argued his oral instructions were defective, and the flights continued. The judge later initiated contempt proceedings.
Although the migrants were later released from El Salvador’s CECOT facility and sent to Venezuela in a prison swap, Boasberg stopped short of ordering their return from Venezuela, citing foreign affairs concerns.
The administration must file a status report by March 13 detailing how it will return eligible migrants. Boasberg added that individuals brought back could be detained during proceedings and may face removal again.
“It is worth emphasizing that this situation would never have arisen had the Government simply afforded Plaintiffs their constitutional rights before initially deporting them,” he wrote.
