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Boasberg orders return of Venezuelan deportees challenging Alien Enemies Act removal

Judge Boasberg certified a class of 137 Venezuelan migrants deported under the Alien Enemies Act and mandated hearings or returns by Jan. 5 to address due process violations.

  • On December 22, 2025, U.S. District Judge James Boasberg ordered the Trump administration to submit plans by January 5 to return or provide hearings for over 100 migrants at CECOT mega-prison, Tecoluca, El Salvador.
  • President Donald Trump invoked the 1798 Alien Enemies Act on March 15, 2025 to target members of Tren de Aragua, and the government flew two planeload removals to CECOT.
  • The court certified the March 15 removals as a class after ACLU and Democracy Forward argued the Alien Enemies Act was illegally invoked, with Boasberg writing it's clear the class was denied due process.
  • Boasberg said the court retained jurisdiction because the U.S. maintained custody while imprisoned in El Salvador, but the Justice Department argued he overstepped and a federal appeals court granted an emergency stay this month.
  • Planes arrived in El Salvador despite the temporary restraining order, and more than 200 migrants sent to CECOT were later returned to Venezuela in a prisoner swap; the government had sent several planeloads including 137 people under the statute.
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By LINDSAY WHITEHURST WASHINGTON (AP) — A federal judge ruled Monday that the Trump administration must grant due process to Venezuelan migrants transferred to a notorious prison in El Salvador, either by providing them with court hearings or returning them to the United States. District Judge James Boasberg ordered the government to submit a plan within two weeks for the migrants, who have since been returned to Venezuela in a prisoner exchange.

·Boston, United States
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Judge rules Trump administration must allow court challenges for Venezuelan migrants sent to prison

A federal judge ruled Monday that the Trump administration must give legal due process to Venezuelan migrants flown to a notorious prison in El Salvador, either by providing court hearings or returning them to the U.S.

·Canada
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Washington Times broke the news in United States on Monday, December 22, 2025.
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