Federal Judge’s Order Forces Trump Administration to Reverse Deportations of Venezuelans
A federal judge on Thursday delivered a highly controversial ruling that compels the administration of President Donald J. Trump to take steps toward returning Venezuelan nationals who were deported last year under the rarely invoked Alien Enemies Act. The court order requires the government either to fund their flights back to U.S. soil or allow them to enter lawfully through established ports of entry for further legal proceedings.
These Venezuelan men – alleged by the administration to be affiliated with the violent Tren de Aragua gang and deported as part of the President’s aggressive immigration enforcement strategy – face renewed detention and due-process hearings once they return.
The directive stems from Judge James E. Boasberg’s earlier finding that the Trump administration violated the constitutional due-process rights of approximately 137 of the men by deporting them without adequate notice or hearing. In his latest order, Boasberg chastised the government for failing to present a workable plan to give these individuals meaningful legal recourse and move their cases forward.
“Our starting point is the Court’s prior finding that the deportees were denied due process,” the judge wrote. "…the Court refuses to let them languish in the solution-less mire Defendants propose." Boasberg also insisted that the administration now must remedy what he viewed as procedural errors by facilitating the men’s return.
The judge’s order mandates that within 15 days the government provide a list of those who wish to travel back to the United States, and within two weeks after that, submit a detailed plan for how and when they will be transported.
Homeland Security has countered that the Venezuelans were deported under valid legal authority and remain subject to removal, pointing to their designation as “foreign terrorists” and arguing that the administration followed proper procedure in sending them to El Salvador’s notorious Terrorism Confinement Center (CECOT) last March. “Nothing has changed; in addition to being in our country illegally, these aliens are foreign terrorists designated as alien enemies by the President,” said Department of Homeland Security Assistant Secretary Tricia McLaughlin in a statement. “They were removed under the proper legal authorities…”
President Trump first invoked the Alien Enemies Act of 1798 to rapidly deport Venezuelans suspected of involvement with organized criminal groups as part of his robust border security and public safety agenda. The statute, a wartime provision that has seen few prior uses, allows for expedited removal during threats including “invasion” or “predatory incursions.” Though critics claim it’s outdated, there is no explicit requirement in the law limiting its application to formally declared wars.
The legality of applying the Alien Enemies Act to Venezuelan gang activity is now being contested in the courts. The U.S. Court of Appeals for the Fifth Circuit recently heard arguments in a related case that could shape future interpretations and potentially reach the Supreme Court.
Boasberg, an Obama appointee, has repeatedly clashed with the administration over this matter. Earlier court orders were ignored when the deportation flights proceeded despite his direct instructions to turn the planes around. Those deported were later released from CECOT and sent back to Venezuela under a prisoner-swap arrangement.
Importantly, the judge’s latest mandate explicitly excludes migrants still in Venezuela due to ongoing geopolitical and diplomatic sensitivities. “We are not talking about a substantial number of people — particularly because the Court… does not extend this requirement to deportees remaining in Venezuela,” he wrote.