Lawyers representing the Trump administration have requested more time from a federal judge to outline a plan ensuring due process for around 150 Venezuelan immigrants. These individuals were forcibly returned to El Salvador’s CECOT prison in March amid efforts to manage the removal of Venezuelan leader Nicolas Maduro, who was apprehended by U.S. forces in Caracas.
In a motion for an extension submitted to U.S. District Judge James Boasberg, Justice Department attorneys referenced “significant changes on the ground in Venezuela” and the “fluid nature of the evolving situation” following the detention of Maduro and his wife, Cilia Flores.
They are seeking an additional week to adhere to the court’s order.
Boasberg responded, indicating that the Justice Department’s case did not follow the district court regulations which require defendants to inform opposing attorneys before requesting a delay. This left the situation temporarily unresolved.
The update arrives after months of contentious status hearings involving lawyers from the Trump administration and those representing the 252 Venezuelan immigrants, all of whom were deported to El Salvador’s CECOT prison under the Alien Enemies Act, a law from 1798. This occurred despite an emergency court order that aimed to prevent the immediate utilization of this law for the expulsion of selected immigrants.
The status of the migrants, who were returned to Venezuela from CECOT in July as part of a prisoner exchange, added further complexity to the case.
As the court noted, the exchange and U.S. involvement suggested some level of constructive custody over the immigrants, prompting another status hearing. This also made it challenging for the plaintiffs’ attorneys to locate all 252 CECOT migrants, as some have chosen to remain hidden after escaping Venezuela due to persecution.
Boasberg emphasized that President Trump must ensure due process for immigrants both in the U.S. and elsewhere.
The Trump administration pressed on with deportation flights, sparking a complex legal struggle regarding the immigrants’ status and the U.S.’s capacity to facilitate their return or at least safeguard their due process rights.
Officials have claimed that those sent to CECOT are affiliated with the Venezuelan gang Torren de Aragua, though the evidence backing this assertion has often been questioned and deemed insufficient.
Since March, Boasberg has been working to clarify the status of hundreds of plaintiffs from CECOT and to ascertain what actions the U.S. can take to ensure their return or at least grant them due process protections, including the chance to contest their alleged gang affiliations.
Last month, Boasberg ordered the Trump administration to provide a written plan that guarantees due process for Venezuelan immigrants deported to El Salvador, setting a deadline of January 5. The administration has the option to either bring these immigrants back to the U.S. or enable hearings abroad for those who meet due process standards.
The court indicated, “On the merits, I will conclude that this class has been denied its right to due process and will therefore require the government to facilitate their ability to receive such a hearing. Our laws demand more than that.”
The Justice Department, in seeking a seven-day extension, didn’t contest the fundamental merits of the order but cited shifts in the situation in Venezuela as a reason for needing more time.
The request highlighted that, following Maduro’s arrest over the weekend, the circumstances in Venezuela have significantly changed, and defendants need more time to evaluate various proposals.
The appeal from Boasberg indicated that the Justice Department’s request “does not comply” with the local rules requiring prior consultation with opposing counsel, thus he ordered the Department of Justice to notify them by the end of the day.
This latest development further delays an ongoing court investigation, which has been stalled for several months due to a Court of Appeals ruling, alongside efforts to keep certain details from the court for national security reasons, and a separate contempt investigation.
In July, the CECOT migrants were returned to Venezuela as part of a broader prisoner exchange that also involved the repatriation of at least 10 Americans held in Venezuela.
Their role in this exchange complicated attempts to determine the status of CECOT plaintiffs, with some having originally fled Venezuela due to threats from gangs. This situation has made it difficult for attorneys to connect with the individuals in the CECOT class and gauge interest in pursuing due process, as many are still in hiding.
ACLU lawyers informed the court in December that out of the 252 Venezuelan immigrants sent to CECOT in March, 137 still wished to seek due process.
