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Judge Weighs Ordering Return of Venezuelan Migrants Held in El Salvador

Hearing marks the first time a U.S. court considers compelling Trump administration to repatriate detainees deported under 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 hearing arguments from the ACLU and Justice Department on whether the Trump administration must facilitate the return of 137 Venezuelan migrants detained in El Salvador's CECOT prison.
  • This is the first legal challenge addressing the repatriation of individuals deported under the 1798 Alien Enemies Act, which has not been used since World War II.
  • The administration has been accused of defying prior court orders related to wrongful deportations and has not confirmed compliance with earlier repatriation directives.
  • An ODNI memo recently contradicted the administration's claim that the Tren de Aragua gang, linked to the deportations, is directed by Venezuela’s Maduro regime.
  • The U.S. is paying El Salvador $6 million to house the migrants in CECOT, where plaintiffs argue detainees face severe risks and inhumane conditions.