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6d ago

Judge Orders Trump Administration to Deliver Due-Process Plan for CECOT Deportees by Jan. 5

The court ruled the U.S. effectively controlled the men’s confinement, triggering constitutional protections they were not given.

Buses transporting migrants to board the the first deportation flight of undocumented Venezuelans after a US-Venezuelan agreement are seen as another deportation plane headed to Central America is seen flying above them in Harlingen, Texas, on October 18, 2023. The United States said on October 5, 2023 it will resume deportation flights to Venezuela after a deal with Caracas, as President Joe Biden, seeking reelection, comes under pressure to halt border crossings. Washington has for years halted sending migrants back to Venezuela due to instability in the South American nation and still maintains sanctions against the government of President Nicolas Maduro. (Photo by VERONICA G. CARDENAS / AFP) (Photo by VERONICA G. CARDENAS/AFP via Getty Images)
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Accused gang members wait for a medical exam at the Counter Terrorism Confinement Center in Tecoluca, El Salvador, on Dec. 15, 2025.
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Overview

  • Chief Judge James Boasberg certified a class and found that 137 Venezuelan men deported to El Salvador were denied notice and a chance to contest their designation under the Alien Enemies Act.
  • The administration must file by Jan. 5, 2026 a plan to either facilitate the men’s return to the United States or provide hearings abroad that satisfy due process.
  • Boasberg concluded U.S. courts have jurisdiction because El Salvador held the men at the U.S.’s behest and with U.S. funding, establishing constructive custody.
  • The dispute traces to March deportation flights that proceeded to CECOT despite an oral order to turn them back, with many detainees later sent to Venezuela in a July prisoner swap.
  • A federal appeals panel has stayed Boasberg’s contemplated contempt proceedings over the March flights, and the administration maintains the men were outside U.S. custody and court reach.