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Federal Judge Orders Due Process Plan for Venezuelans Sent to El Salvador Under 1798 Law

Boasberg set a Jan. 5 deadline for a government plan offering court hearings or return to the United States.

Overview

  • U.S. District Judge James Boasberg certified a class covering roughly 200 Venezuelans deported in March after the administration invoked the Foreign Enemies Act.
  • He ruled the migrants were denied due process because they were removed with little notice and no opportunity to contest alleged ties to the Tren de Aragua group.
  • The government must outline how affected migrants will receive judicial hearings or be permitted to reenter the country to pursue their claims.
  • Boasberg is continuing an inquiry into possible violations of his prior order halting deportation flights, with potential witnesses including Erez Reuveni and Drew Ensign.
  • More than 200 detainees were later sent to Venezuela in a July exchange, and scrutiny of conditions at El Salvador’s CECOT prison has grown after a 60 Minutes segment was withheld from U.S. broadcast.