A federal judge ruled on Wednesday that Venezuelans deported to El Salvador’s Mega Prisons under the alien enemy law must be given a way to legally contest the Trump administration’s claims that they are gang members.
US District Judge James Boasberg requested a week for suggestions on how to comply with this ruling but didn’t specify the actions the administration needs to take.
Although Boasberg acknowledged the potential diplomatic and national security implications of the situation, he emphasized that the government has a constitutional duty to correct the wrongs faced by these individuals.
This situation presents a complex challenge for the administration.
The Trump administration has maintained its authority to facilitate the return of individuals held in Cecot, the notorious Salvadoran prison.
Meanwhile, Salvadoran President Naibe Bukele has indicated that he won’t accept the return of those mistakenly deported under regular immigration processes, heightening concerns that he might refuse to accept individuals expected to face a justice system criticized for due process violations against gang members.
The extraordinary ruling by Boasberg required thorough consideration of literature when evaluating cases, striving for fairness.
He drew parallels to Franz Kafka’s “The Trial,” explaining how Venezuelans, detained at the Elvare facility in Texas, awoke to find themselves moved under mysterious circumstances. Boasberg recounted how they were taken blindfolded, uncertain of their destination, with guards giving conflicting information about whether they were being sent to a different facility or even back to Venezuela.
As the detainees arrived in a state of panic, they eventually learned they were transferred to the MegaPrison in El Salvador.
These deportations started on March 15, shortly after Trump invoked the alien enemy law—a measure used rarely and only during declared wars—to expedite the removal of purported gang members.
Evidence indicated that many of the Venezuelans deported might not actually have gang affiliations.
Boasberg noted that while the alien enemy law was invoked, and the administration asserted the validity of its accusations, the key issue remained: the plaintiffs were not allowed to challenge the government’s assertions, leaving room for doubt.
One prominent plaintiff, Andry Hernandez Romero, fled to the U.S. seeking asylum. As a gay makeup artist, he faces persecution under the Maduro regime due to his sexual orientation and political activism.
The administration suggested he was a gang member based on tattoos on his wrists, which they claimed symbolized gang affiliation. However, experts argue that such tattoos don’t indicate gang membership, while a friend argued that the tattoos celebrate the Three Kings Day from their home in Venezuela.
Trump’s application of the alien enemy law has ignited extensive legal disputes across over 12 lawsuits nationwide, with Boasberg playing a significant role from the beginning.
In mid-March, the ACLU expedited to Boasberg’s courthouse when Trump first invoked the law, securing a temporary order to halt flights. On Tuesday, Boasberg accused the administration of disregarding his previous orders regarding the flights to El Salvador.
Trump and his allies have publicly criticized Boasberg’s rulings, even calling for his removal.
The Supreme Court has twice affirmed that immigrants must receive adequate notice prior to deportation, but the specifics will need to be determined by lower courts tasked with defining what adequate notice entails.
“Considering these Supreme Court decisions, this court ultimately agrees with the CECOT plaintiffs that they likely have valid claims regarding their due process rights,” Boasberg stated.
