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2d ago

Judge Boasberg Demands Evidence on U.S. Custody of Migrants Deported to El Salvador

Federal court examines whether the Trump administration retains legal control over Venezuelan migrants deported under the Alien Enemies Act.

Police officers stand guard at the Terrorism Confinement Center (CECOT) prison, during a media tour, in Tecoluca, El Salvador April 4, 2025. REUTERS/Jose Cabezas/File Photo
U.S. District Judge James Boasberg, chief judge of the United States District Court for the District of Columbia, stands for a portrait at E. Barrett Prettyman Federal Courthouse in Washington, March 16, 2023.
In this handout photo provided by the Salvadoran government, guards escort the inmates allegedly linked to criminal organizations at Latin America's largest prison on March 16, 2025 in Tecoluca, El Salvador. Trump's administration deported 238 alleged members of the Venezuelan criminal organizations 'Tren De Aragua' and Mara Salvatrucha with only 23 being members of the Mara. Nayib Bukele president of El Salvador announced that his government will receive the alleged members of the gang to be taken to CECOT.
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Overview

  • Judge James Boasberg is pressing the Trump administration to provide documentation on its $6 million agreement with El Salvador for housing Venezuelan migrants in the CECOT prison.
  • Boasberg is investigating whether the U.S. holds 'constructive custody' over the deported migrants, which could compel their return to the United States for due process hearings.
  • President Trump previously claimed he could secure the return of deported individuals with a phone call, raising questions about the administration's stance on its influence over El Salvador.
  • The Justice Department acknowledged that the deported migrants did not receive the due process required by the U.S. Supreme Court, which ruled that deportations under the Alien Enemies Act must allow for court challenges.
  • Boasberg plans to issue an order Thursday outlining the next steps in determining the administration's obligations and potential remedies for the affected migrants.