A federal judge has ruled that migrants deported to El Salvador’s high-security prison under the Trump administration’s use of the Alien Enemies Act must be allowed to contest their gang-related designations and deportations in U.S. courts.
Chief U.S. District Judge James Boasberg determined that the administration violated the due process rights of nearly 140 Venezuelan migrants by deporting them without providing an opportunity to challenge their alleged affiliations with the Tren de Aragua gang. The judge emphasized that, regardless of the administration’s assertions, the migrants deserved a chance to contest the accusations before being removed from the country.
The deportations were carried out under the Alien Enemies Act of 1798, a wartime law invoked by the Trump administration to expedite the removal of suspected gang members. However, many of the deported individuals denied any gang involvement and argued they were denied due process.
Politico has more on Judge Boasberg’s ruling, which stopped short of ordering the administration to seek the men’s return:
“Mindful of national-security and foreign-policy concerns, the Court will not — at least yet — order the Government to take any specific steps. It will instead allow Defendants to submit proposals regarding the appropriate actions,” Boasberg wrote in a 69-page opinion.
But Boasberg said the Trump administration had plainly violated the rights of the men it summarily deported to El Salvador on March 15 just hours after Trump invoked the Alien Enemies Act. The 1798 statute has been used just three other times in U.S. history and is meant to hasten deportations during wartime.
Those men, who Trump claimed were members of the Venezuelan gang Tren de Aragua, had no chance to contest their designations — a fact that several courts, including the Supreme Court, have determined violated their due process rights.
For the men in El Salvador’s infamous prison, known as CECOT, that violation is most egregious, Boasberg said.
Boasberg has ordered immigration officials to propose, within a week, a system that allows these migrants, currently detained in El Salvador’s Terrorism Confinement Center (CECOT), to challenge their removals in U.S. federal court.
The ruling follows a Supreme Court decision affirming that deportees under the Alien Enemies Act are entitled to notice and an opportunity to challenge their removal, even if they are already outside the United States.
The American Civil Liberties Union, representing the plaintiffs, hailed the decision as a victory for due process rights, emphasizing that constitutional protections apply even after migrants are removed from the country.
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Impeach this Judge. Congress and the Senate need to strip these district court judges of powers to issue nationwide injunctions this is getting ridiculous nothing more then Lawfare when the Democrats lose power. Judges are not elected are accountable to no one except a Judicial Review Board which seems to protect their own. Interfering with the will of the electorate. Fie.
THESE ACTIVIST SO-CALLED JUDGES DO NOT HAVE THE AUTHORITY TO INTERFER WITH THE EXECUTIVE BRANCH, PER FEDERALIST PAPER #78 WRITTEN BY ALEXANDER HAMILTON!!! THE FEDERAL DISTRICT JUDGES WERE CREATED BY CONGRESS AND PUT UNDER THE AUTHORITY OF THE SCOTUS!!! ROBERTS, GET OFF YOUR A$$ AND FIX THIS CHIT!!!
Boasberg is no judge! He’s a Communist activist!
The Left is trashing the legal system the same way they trashed law enforcement, homeland security, education, and Justice. As with anything else, actions have consequences. The Left and their wholly owned media are cheering. Yet, the degradation of the legal system’s credibility will erode compliance with the law and acceptance of legal rulings. This will make it harder to govern or obtain a consensus for government programs. The Left, if it is doing this deliberately to bring down the country, won’t care. If it isn’t, then it most likely believes that if they defeat Trump, things will go back to the way they were before. That isn’t real. The Republican leadership longs to return to the way things were before, but conservative and religious citizens definitely don’t. Trump is the only one who kept the Republican Party alive in the face of pressure to replace the Republican Party and the only one to keep the Republic alive in the face of detailed plans to secede and form independent States. The Republican Party no longer leads conservatives or, indeed, has much influence on them at all. That’s why they are pretending to follow Trump.
Leftists need to be careful what they wish for.
WHY? They are in the country ILLEGALLY; WE should NOT need to prove anything beyond that, PERIOD1 Do you think that other countries would treat US citizens ILLEGALLY in their country in he same manner?
Liberals and especially liberal activist judges need o be held to account for endangering the American people. Our government is supposed to have checks and balances but it would appear the judicial branch is not only above the law but lacks checks on it as these activist judges are legislating from the bench and hindering Trump from doing what the American people voted for him to do. That’s ok, what comes around goes around but Republicans better start playing hardball or we are still going to lose everything this country means to us, before these domestic enemies of the constitution and We the People change this nation forever.
if Trump places an order for ham and eggs for breakfast, we can expect some leftist judge to make a ruling blocking the order.
…this judge continues to prove that he is a confirmed hater of the Constitution, and more than likely a communist sympathizer…GFY, judge!
Lost me after “Judge James Boasberg determined …” Eventually this partisan clown’s rulings will be overturned.
Yes, but meantime it’s obstruction and delays.
Chief U.S. “”District”” Judge James Boasberg has ZERO authority over the Executive branch actions.
Over 140 days in and Democrats and RINO’s in Congress are ignoring this travesty of justice!
The over 670 “”District”” Courts are NOT in the US Constitution.
They’re created …by Congress!
When will the Feral Marxist “”District”” Courts be …
ELIMINATED …by Congress?
They have that power, where is it?
Congress, Democrats and RINO’s, are not codifying Trump’s MAGA agenda and Executive Orders into law! They are slow walking this!
They are NOT “Migrants” Judge; They are ILLEGAL “IMMIGRANTA.” and the US should NOT need confirmation other than that to DEPORT THEM without DUE PROCESS, which according to he Constitution is available to LEGAL CITIZENS