A federal judge in Washington, D.C., has ruled that the Trump administration must take steps to bring back more than 100 Venezuelan men deported last year under the rarely invoked Alien Enemies Act to return to the United States and challenge their removals in court.
Chief Judge James Boasberg of the U.S. District Court for the District of Columbia issued the ruling Thursday, directing the government to help facilitate the return of those who want to pursue legal challenges. In his order, he wrote: “The Court will now order the Government to facilitate the return from third countries of those Plaintiffs who so desire. It will also permit other Plaintiffs to file their habeas supplements from abroad.”
The judge appears to believe that he, rather than the president, runs American foreign policy.
The decision follows Boasberg’s earlier finding in December that the administration likely violated the due process rights of the group by deporting them without hearings or opportunities to contest the allegations. The 137 Venezuelan men were accused of ties to the Tren de Aragua gang and were flown to El Salvador’s Terrorism Confinement Center (CECOT) — a high-security prison — despite the judge’s prior attempt to block the operation. The men were later transferred back to Venezuela through a prisoner exchange or released into other countries.
Under Thursday’s order, the government must cover costs such as airfare and provide necessary documentation for those in third countries who wish to return. Upon arrival, they would be placed in immigration custody while pursuing their legal challenges. For those still in Venezuela, the order allows remote filing of habeas petitions but does not require their physical return, a restraint the ruling attributes to foreign affairs considerations.
Boasberg drew a parallel to another case to justify the remedy. Citing courts’ handling of a similar wrongful deportation, he referenced the case of Kilmar Abrego Garcia, a Salvadoran man mistakenly deported to El Salvador despite prior protections. In that case, courts ordered his return, setting a precedent for remedies in wrongful deportation suits.
The Trump administration has signaled plans to appeal the decision. Officials contend that circumstances in Venezuela have shifted significantly since the initial deportations last year, including developments related to the country’s former leadership. The Justice Department did not immediately respond to requests for comment on the latest ruling.
The case underscores how radical liberal judges have become in how they simply want illegal immigration in the United States. Earlier in the week, an El Paso judge appointed by Bill Clinton laid the groundwork for what some are calling judicial amnesty that would, in effect, create open borders via the courts.
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