Overview
- In a court filing, Secretary of State Marco Rubio said the government cannot determine the current whereabouts of the 137 men following their July return to Venezuela.
- The filing responds to a December ruling by U.S. District Judge James Boasberg, who found the March removals lacked adequate due process and ordered a meaningful chance to contest them.
- Rubio argued that bringing the men back to the United States or conducting video hearings from Venezuela is infeasible and would cause material harm to U.S. foreign policy during a fragile transition after Nicolás Maduro’s capture.
- Justice Department lawyers told the court that mass remote proceedings would be unprecedented and unworkable due to identity verification challenges, perjury enforcement concerns, and the absence of an active extradition treaty with Venezuela.
- The administration’s stance signals another courtroom confrontation over remedies, with DOJ prepared to seek appellate intervention if compelled to return the men or hold remote hearings.