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Judge Signals Potential Order for U.S. to Repatriate Venezuelan Migrants from El Salvador

Chief Judge James Boasberg weighs whether the U.S. retains 'constructive custody' over deported migrants held in El Salvador's CECOT prison under the Alien Enemies Act.

A drone view of Los Nogales neighborhood, where Kilmar Abrego Garcia used to live, in San Marcos, El Salvador, on April 21.
Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia of Maryland, who was mistakenly deported to El Salvador, speaks during a news conference at CASA's Multicultural Center in Hyattsville, Md., Friday, April 4, 2025. (AP Photo/Jose Luis Magana)
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President Donald Trump in his second term has sought to more broadly undermine the judiciary. (Bill Clark/CQ Roll Call file photo)

Overview

  • Judge Boasberg is reviewing whether the U.S. government must facilitate the return of 137 Venezuelan migrants deported to El Salvador under the Alien Enemies Act.
  • The Trump administration argues it lacks control over the migrants, while the ACLU claims the U.S. retains 'constructive custody' due to its financial arrangement with El Salvador.
  • Boasberg pressed Justice Department lawyers on conflicting statements, including President Trump's claim that he could secure a deportee's release with a phone call.
  • The judge has ordered the administration to provide additional declarations by May 9 to clarify custody arrangements and the terms of the $6 million deal with El Salvador.
  • The case highlights broader constitutional questions about executive power, due process rights, and the U.S. judicial system's ability to enforce compliance with court orders.