A U.S. federal judge has ruled that more than 100 migrants deported to El Salvador must be granted a chance to challenge their removals and the allegations made against them. The migrants were accused of being members of the Venezuelan gang Tren de Aragua and were sent to El Salvador’s Terrorism Confinement Center earlier this year.
Court Criticizes Government Overdue Process Failures
U.S. District Court Chief Judge James Boasberg stated that these migrants were removed under an outdated 18th-century wartime law—the Alien Enemies Act of 1798—without being allowed to defend themselves. Boasberg emphasized that many of the deported individuals may have been falsely accused and are now stuck in a foreign prison without legal recourse.
He highlighted that there was “significant evidence” suggesting many of the imprisoned migrants have no gang connections, calling the accusations against them “flimsy” and “frivolous.”
Government Ordered to Provide Legal Process
Judge Boasberg has given the administration one week to devise a plan to allow the “at least 137” migrants a fair chance to challenge their deportations. He noted that although the migrants are currently under El Salvador’s jurisdiction, the U.S. must treat their cases as if proper legal procedures had been followed from the start.
The case represents a critical moment in an ongoing legal battle surrounding the use of the Alien Enemies Act to deport individuals beyond the reach of U.S. courts.
Past Violations and Supreme Court Involvement
Earlier this year, when the Trump administration began deporting accused gang members under the Alien Enemies Act, Boasberg had ordered a halt to the flights. However, this order was ignored, leading the court to consider holding the administration in contempt.
A social media post from El Salvador’s President Nayib Bukele, stating “Oopsie, too late,” was reposted by Trump aides, further escalating tensions.
The U.S. Supreme Court later ruled that individuals labeled as “enemies of the state” under this act must have the right to appeal. Boasberg said his ruling was a direct application of that decision.
A Troubled Pattern of Deportation Tactics
Boasberg criticized the government’s handling of the entire process, noting it was made harder to trust their sealed declarations because of their past conduct. He even referenced a similar case where a man was wrongly deported to El Salvador and had to be returned after court intervention.
This ruling now demands that the administration not only acknowledge past failures but also correct them by ensuring that due process is granted to the affected individuals—no matter where they are currently held.
