Obama-appointed Judge James Boasberg has ordered the Trump administration to facilitate the return of Venezuelan migrants who were removed from the United States and sent to El Salvador.
Boasberg claimed that the United States “maintained constructive custody over Plaintiffs while they were imprisoned in El Salvador, thus affording the Court habeas jurisdiction over this action.”
“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,” wrote Boasberg. “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 case surrounds Boasberg’s claim that the Trump administration violated migrants’ due process rights. “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 wrote. “Our law requires no less.”
Separately, Boasberg has faced impeachment threats due to his role in the Arctic Frost investigation.
“Ignoring his responsibility to wield the power of his office in a constitutional manner, Chief Judge Boasberg granted Special Counsel John L. Smith authorization to issue frivolous nondisclosure orders in furtherance of the Federal Bureau of Investigation project codenamed ARCTIC FROST,” the impeachment resolution, introduced by Rep. Brandon Gill (R-TX), said. “These nondisclosure orders covered Members of Congress who were acting in accord with their legislative duties and privileges guaranteed by Article 1, Section 6, Clause 1 of the U.S. Constitution.”
The document goes on to list Boasberg’s authorization of “frivolous nondisclosure orders” against Republican senators. “These illegitimate and frivolous nondisclosure orders and subpoenas threaten Members of Congress by imposing undue legal scrutiny for fulfilling their constitutional duties.”
