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Judge Rules Alien Enemies Act Deportations Breach Due Process Rights

2025-12-22
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U.S. Judge Rules Venezuelan Deportees Denied Due Process

A federal judge has ruled that the U.S. government failed to provide due process to Venezuelan men deported to El Salvador under a controversial policy instituted by the Trump administration. This ruling highlights significant concerns regarding the administration’s immigration practices and raises questions about the application of the Alien Enemies Act.

Why It Matters

The ruling is pivotal as it not only echoes broader critiques of immigration policies that lack due process, but also reinforces the importance of legal representation and fair hearings in deportation cases. The decision emphasizes that individuals, regardless of their background, are entitled to challenge their deportation, raising questions about humanitarian treatment and legal rights in immigration enforcement.

Key Developments

  • A federal judge, Chief Judge James Boasberg, determined that Venezuelan men deported in March 2025 were denied due process rights.
  • The court has mandated that the U.S. government must either return these individuals to the U.S. or ensure they receive fair hearings in El Salvador.
  • The ruling came after an appeal was filed by the American Civil Liberties Union (ACLU) and Democracy Forward, challenging the legality of the deportations.
  • President Trump had invoked the Alien Enemies Act, claiming the deportees were members of the Venezuelan gang Tren De Aragua.
  • A temporary restraining order was placed by Boasberg to cease further deportations, although the government continued to transport deportees.
  • The judge classified the group of deported Venezuelans as a legal class, allowing the original plaintiffs to represent all affected individuals.

Full Report

Court’s Finding

In his ruling, Judge Boasberg stated that the deported individuals deserved the opportunity to contest their removal. The ruling stemmed from a case where the Venezuelans were sent to a notorious prison in El Salvador shortly after the invocation of the Alien Enemies Act by President Trump. The judge asserted that the U.S. retained custody over these men, thereby retaining jurisdiction.

Administration’s Response

The Trump administration is expected to appeal the ruling. Meanwhile, the Department of Justice argued that the judge overstepped his bounds by intervening in foreign policy matters. Despite this, Boasberg emphasized the court’s obligation to protect due process rights and the need for a "meaningful opportunity" for the men to contest their deportation.

Implications for Future Deportations

Boasberg’s ruling may set a precedent for how deportations are handled moving forward, particularly regarding the rights of individuals facing removal under similar circumstances. The court gave the government until January 5 to comply with the order or face further legal consequences.

Context & Previous Events

This case is significant as it draws attention to the Trump administration’s use of the Alien Enemies Act, a law dating back to 1798, which has been utilized to target alleged gang members. Following the March 2025 invocation, the government swiftly deported 137 individuals. In previous findings, Boasberg indicated there was probable cause to consider the administration in contempt for not complying with earlier court orders regarding these deportations. An appeals court has since paused that legal debate until early next year.

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