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Appeals Court Appears Divided in Case over Venezuelan Migrants Deported to El Salvador Prison

The panel questioned whether the men were denied hearings before being sent to CECOT, and the U.S. paid El Salvador up to $6 million to detain them.

  • On Friday, an appeals panel weighed whether more than 100 Venezuelan men sent to a Salvadoran prison by the Trump administration are entitled to due process hearings to challenge their removal under the 1798 Alien Enemies Act.
  • The administration invoked the 18th-century law in March 2025, deporting 137 migrants to the Terrorism Confinement Center in El Salvador; the U.S. paid El Salvador up to $6 million to detain them.
  • American Civil Liberties Union attorney Lee Gelernt argued the men were denied rights, while Justice Department attorney Tiberius Davis countered that the U.S. lacked custody over detainees in El Salvador.
  • District Judge James Boasberg previously ordered the administration to return deportation planes; on Monday, he will hear arguments on whether Trump officials violated that order, including potential criminal contempt charges against Attorney General Todd Blanche and appellate judge Emil Bove.
  • The Justice Department warned that affirming the lower court's decision would "open the floodgates to claims that the United States has constructive custody over prisons across the globe," creating significant legal precedent on extraterritorial jurisdiction.
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Alaska BeaconAlaska Beacon
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Venezuelan men shipped to brutal prison under Alien Enemies Act ask court for due process

WASHINGTON — An appeals panel Friday seemed inclined to agree that more than 100 Venezuelan men the Trump administration sent to a brutal prison in El Salvador are entitled to due process hearings to challenge their removal, which was made under an archaic 18th-century wartime law.  Arguing on behalf of the class of men who […]

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Durango Herald broke the news on Friday, September 25, 2026.
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