Judge orders Trump administration to allow return of Venezuelans deported to El Salvador
The plaintiffs are part of a group of migrants who were deported in March to a maximum security prison in the Central American country under the Alien Enemies Act.
James Boasberg during an event in Washington, D.C./ Drew Angerer.
Federal Judge James Boasberg ordered this Monday that the administration of President Donald Trump allow the return of a group of Venezuelans deported earlier this year to the United States so that they can legally challenge the charges that prompted their expulsion.
The plaintiffs are part of a group of migrants who were deported in March to a maximum security prison in El Salvador under the Alien Enemies Act of 1798 (AEA), after being targeted by the U.S. government as alleged members of the Tren de Aragua criminal organization.
In June, Boasberg determined that those affected had the right to challenge such accusations.
Since then, several federal courts have concluded that hundreds of deportations carried out under the regulations were illegal, having failed to ensure due process, including under the EAA, The Hill reported.
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In his ruling, Boasberg held that the only way to make the court ruling effective is to reverse the effects of the illegal deportations.
"The Court finds that the only remedy that would give effect to its granting of Plaintiffs’ Motion would be to order the Government to undo the effects of their unlawful removal by facilitating a meaningful opportunity to contest their designation," the judge wrote.
The judge further warned that allowing expedited deportations without judicial review would render any legal relief meaningless.
The ruling gives the Trump administration until Jan. 5, 2026, to secure the return to the country of more than 100 Venezuelans.
In July, the government returned to Venezuela 252 migrants who had been detained at the Terrorism Confinement Center (CECOT) in El Salvador; of that total, 137 are part of the class-action lawsuit challenging the deportations.
Boasberg and Trump's strained relationship
The conflict centers primarily on the use of the 1798 Alien Enemies Act, a landmark rule that the Trump administration invoked to expeditiously deport Venezuelan immigrants accused of belonging to the Tren de Aragua criminal gang.
Boasberg was the judge who first blocked these deportations, finding that, even under that exceptional law, the government was obligated to ensure due process review of the cases. In March 2025, the judge issued emergency orders to halt deportation flights and allow migrants to challenge the charges in American courts. These decisions placed the judge squarely against the hard-line immigration strategy promoted by Trump.
Tension escalated when the administration continued with the removals despite judicial warnings. Boasberg went so far as to argue that there was "probable cause" for contempt against executive officials for ignoring his orders, an extremely unusual charge against a federal government.
Donald Trump responded with direct public attacks on the judge, accusing him of overstepping his authority and interfering with national security decisions.
Beyond the political field, the conflict moved to the institutional level. The Justice Department filed a complaint for alleged misconduct against Boasberg, arguing that he had made improper comments and that his orders affected exclusive executive prerogatives.
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