A federal judge ruled Monday that the Trump administration must allow Venezuelan men deported earlier this year to return to the United States to contest allegations that they were involved with violent gangs.
The men were sent to El Salvador in March under the rarely used 1798 Alien Enemies Act after being accused of membership in the Tren de Aragua gang.
U.S. District Judge James Boasberg, who previously permitted the men to challenge the claims in June, emphasized that their deportations violated due process.
“The only remedy that would give effect to its granting of Plaintiffs’ Motion would be to order the Government to undo the effects of their unlawful removal,” Boasberg wrote, according to Just the News.
He added that expedited removal cannot render judicial relief meaningless, writing, “If secretly spiriting individuals to another country were enough to neuter the Great Writ, then ‘the Government could snatch anyone off the street, turn him over to a foreign country, and then effectively foreclose any corrective course of action.’”
The ruling requires the administration to arrange the return of more than 100 Venezuelan men by January 5, 2026, though the judge did not mandate an immediate return.
Boasberg allowed for the possibility that the men could receive due process while still in El Salvador, instructing the government to propose a solution within two weeks.
According to Politico, the decision directly affects 137 men who were sent to CECOT, a Salvadoran prison known for anti-terrorism operations, despite a court order requiring they remain in U.S. custody.
Boasberg found the transfers were carried out in defiance of his directives, with full awareness that the men would face harsh imprisonment.
The judge highlighted evidence that Homeland Security Secretary Kristi Noem had prior knowledge of the men’s placement in CECOT and that U.S. authorities retained some influence over Salvadoran custody decisions.
Boasberg cited public statements and filmed videos in which Noem suggested that U.S. deportees could be sent to CECOT, describing the facility as part of the Trump administration’s immigration “toolkit.”
“These statements strongly undermine the Government’s contention that El Salvador retains complete discretion over what to do with individuals removed from the United States,” he wrote.
Boasberg also referenced Noem’s acknowledgment that she made the final decision to transfer the men despite his court order barring the handoff.
The judge noted that the deportations were executed quickly, occurring during an emergency hearing he conducted on the validity of the removals.
Testimony from former Justice Department (DOJ) attorney Erez Reuveni described tense discussions before the operation, including an allegation that senior DOJ official Emil Bove suggested defying court orders.
Bove, now a federal appeals court judge, denied making such statements or instructing staff to ignore judicial directives.
The ruling underscores lingering legal questions regarding the Trump administration’s invocation of the Alien Enemies Act and the extent of protections owed to individuals removed under the law.
It places renewed pressure on the DOJ and DHS to ensure that these Venezuelan men are granted meaningful legal recourse, regardless of their current location. (Just the News; Politico)
The case may also prompt wider scrutiny of the use of the Alien Enemies Act in deportation cases, especially when expedited removal is used to circumvent judicial oversight.
Observers note that it highlights the tension between executive authority and constitutional protections, raising questions about the limits of administrative discretion in handling foreign nationals accused of criminal activity.
