Overview
- U.S. District Judge James Boasberg gave the government until January 5, 2026 to file a plan to either facilitate the migrants’ return to the United States or provide hearings to challenge their removals.
- The court certified a class so those sent to El Salvador’s CECOT prison can contest their designation under the Foreign Enemies Act.
- Boasberg ruled the migrants were removed with virtually no notice and no opportunity to contest the grounds for removal, violating constitutional due process.
- Rejecting a jurisdictional defense, the opinion held the United States retained effective control because El Salvador detained the migrants at Washington’s request and with U.S. funding.
- The ruling notes many were later repatriated to Venezuela in a July prisoner exchange yet still must be afforded a meaningful path to judicial review, and the court’s contempt inquiry into the deportation flights remains active.