A ruling by Judge Boasberg orders the government to ensure that migrants deported to El Salvador challenge their removal

A federal judge ruled Wednesday that a group of Venezuelan migrants deported to a maximum-security prison in El Salvador should have the opportunity to challenge their removal after being identified as suspected gang members under the Alien Enemies Act invoked by the Trump administration.

The ruling, issued by Judge James Boasberg, presiding judge of the U.S. District Court, orders the government to present within seven days a plan that guarantees the right to due process for the affected migrants. Boasberg acknowledged that the case involves diplomatic and national security considerations but stressed that the Executive Branch must "offer a solution that redresses the harm caused," in line with constitutional obligations.

Exceptional measure in a security context

The court decision follows several lawsuits after the activation of a historic law from 1798, previously used only in times of war. In this case, the Trump Administration applied the rule to respond firmly to threats linked to transnational criminal organizations such as the Aragua Train, a criminal group of Venezuelan origin with a growing presence in the region.

According to the government's arguments, the migrants were identified as members or collaborators of said gang, which justified their immediate expulsion and transfer to the Terrorism Confinement Center (CECOT) in El Salvador. The Administration has also indicated that it is not in a position to repatriate them, given that Salvadoran President Nayib Bukele has publicly refused to receive wrongfully detained persons or return individuals in the custody of his authorities.

A complex process with international implications

The transfer was carried out via flights from Texas to El Salvador. Although Boasberg had previously requested to suspend the deportations, the flights were carried out. After the landing, the judge suggested that the government may have been in contempt of court. In response, Bukele posted a message on social media that read, "Oopsie, too late," in a tone that was celebrated by supporters of Trump's tough immigration policy.

The Supreme Court subsequently intervened, ruling that anyone affected by the application of the Alien Enemies Act has the right to challenge his or her designation. Boasberg asserted that his current decision simply applies that same principle to deported migrants.