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Federal judges press Trump administration over due process for migrants deported under Alien Enemies Act

Judge James Boasberg has given the administration one week to propose a mechanism for habeas challenges to those held at El Salvador’s CECOT prison.

FILE - A military aircraft waits for migrants to board from a bus at Fort Bliss in El Paso, Tx., Thursday, Jan. 30, 2025, before deporting them to Guatemala. (AP Photo/Christian Chavez, File)
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Overview

  • Boasberg’s June 4 order requires a detailed plan by June 11 to facilitate habeas relief for at least 137 migrants sent to El Salvador under the 1798 law.
  • U.S. District Judge Paula Xinis authorized the unsealing of records in Kilmar Abrego Garcia’s case and allowed his lawyers to file a sanctions motion against the Justice Department.
  • The Supreme Court has ruled that migrants targeted under the Alien Enemies Act must receive sufficient notice and an opportunity to contest their removals before deportation.
  • The administration has been accused of defying multiple court orders to return wrongly deported individuals, though it complied in bringing back a Guatemalan man mistakenly sent to Mexico.
  • Judges have likened the summary deportations to a Kafkaesque process, underscoring concerns about executive overreach and the need for constitutional checks.