Judge James Boasberg ordered the Trump administration to return illegal immigrants from Venezuela deported under the Alien Enemies Act to return to the United States.
Boasberg wrote in the order that the case “would never have arisen had the Government
simply afforded Plaintiffs their constitutional rights before initially deporting them.” He noted that mights may file additional documents “seeking to show that the Proclamation under which they were deported unlawfully invoked the Alien Enemies Act and/or that they are not members of Tren del Aragua and thus not subject to the Proclamation.” The “Proclamation” refers to President Trump’s invocation of the Alien Enemies Act from March 2025.
“The Government shall file a Status Report by March 13, 2026, explaining how and when it will transport any Plaintiff seeking return to the United States from a third country. In that Status Report, the Government shall also inform the Court as to the feasibility of returning Plaintiffs still in Venezuela who wish to return for their proceedings,” Boasberg wrote. “It shall also describe the steps taken to obtain any passports or identification documents from El Salvador.”
Boasberg’s decision follows his December ruling, where he demanded that the Trump administration facilitate the return of Venezuelan migrants who were removed from the United States and sent to El Salvador.
“The Court finds that 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 by facilitating a meaningful opportunity to contest their designation and the Proclamation’s validity,” he wrote. “Otherwise, a finding of unlawful removal would be meaningless for Plaintiffs, who have already been sent back to Venezuela against their wishes and without due process.”
“The Court concludes that this class was denied their due-process rights and will thus require the Government to facilitate their ability to obtain such hearing,” the judge argued. “Our law requires no less.”
