A federal judge has ordered the Trump administration to facilitate-and finance-the return of Venezuelan migrants deported to El Salvador's CECOT mega-prison, ruling that the government denied them constitutional due process before expelling them under the Alien Enemies Act of 1798.
U.S. District Judge James Boasberg directed the administration to "facilitate return" for members of a certified class who were deported in 2025 and are seeking to challenge their removals in federal court, according to reporting by ABC News and Bloomberg. The court further stated that the government must bear the cost of commercial airfare for those electing to return to the United States.
Boasberg wrote that it was "unclear why Plaintiffs should bear the financial cost of their return" because "this situation would never have arisen had the Government simply afforded Plaintiffs their constitutional rights before initially deporting them." The ruling reframes the dispute not as a referendum on immigration policy, but as a structural question about procedural safeguards.
The case traces back to March 2025, when the Trump administration invoked the Alien Enemies Act-a rarely used 18th-century wartime statute-to deport alleged members of the Venezuelan gang Tren de Aragua. The administration argued that the group posed a national security threat and transferred detainees to El Salvador's maximum-security CECOT facility.
At the time, Boasberg issued a temporary restraining order attempting to halt removals. ABC News reported that he directed that planes be turned around, but deportations proceeded after Justice Department lawyers contended his oral instructions were legally insufficient.
The Supreme Court later allowed continued use of the Alien Enemies Act but imposed procedural guardrails. It held that detainees must receive notice and a meaningful opportunity to challenge deportation through habeas corpus petitions. Boasberg subsequently determined that members of the affected class were not afforded that opportunity, making judicial review effectively inaccessible from a foreign prison.
The political framing of the deportations has diverged sharply from the evidentiary record emerging in court. Administration officials have described those removed as "terrorists" and gang members, even in cases lacking U.S. criminal convictions.
An investigation by The Texas Tribune and ProPublica, citing Department of Homeland Security data, found:
- Of 238 Venezuelans deported to CECOT in mid-March 2025, only 32 had been convicted of U.S. crimes, primarily nonviolent offenses.
- Six had violent-crime convictions: four assaults, one kidnapping, one weapons offense.
- 130 had no criminal convictions or pending charges beyond immigration violations.
The report further stated that none of the 238 names matched alleged gang-member lists maintained by Venezuelan authorities or Interpol. Law-enforcement sources with expertise on Tren de Aragua told reporters that tattoos are not a reliable indicator of membership, despite instances where tattoos and social media activity were cited in classification decisions.
The administration has maintained that national security assessments may extend beyond domestic criminal records. Still, Boasberg's ruling emphasizes that even national security designations must be accompanied by constitutional process.
Importantly, the judge acknowledged that any returning individuals would likely be detained upon arrival. The order does not guarantee release; it restores procedural posture. In effect, it compels the government to redo removals through constitutionally compliant channels rather than ratifying outcomes already executed.
