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Judge Orders Jan. 5 Plan To Return Or Hear Migrants Sent To El Salvador Prison

The court set a deadline to ensure meaningful due‑process challenges to removals carried out under the Alien Enemies Act.

Overview

  • Chief U.S. District Judge James Boasberg directed the administration to submit by Jan. 5 a plan to either bring back deported migrants or provide hearings that allow them to contest their designations.
  • He certified a class covering all people sent to El Salvador’s CECOT prison in the March operation invoked under the Alien Enemies Act.
  • In a written order, Boasberg said the only effective remedy is to undo the effects of the removals by facilitating a real opportunity to challenge both the designations and the underlying proclamation.
  • The judge previously issued a temporary restraining order to halt the flights, which proceeded after Justice Department attorneys argued his oral instructions were defective.
  • Contempt proceedings Boasberg sought over the government’s actions are temporarily stayed by a federal appeals panel, and reporting cites differing counts of those affected, with ABC News noting over 100 and a July return of more than 200 to Venezuela and Raw Story citing 137 Venezuelans.