A federal judge has ordered the Trump administration to facilitate the return of Venezuelan men who were illegally deported to a notorious prison in El Salvador. District Judge James Boasberg criticised the government for telling the court to “pound sand” when asked how the men could challenge their removal.
Judge Boasberg directed the government to take “several discrete actions” to begin the men’s return to the United States, where they can file legal challenges. The men were sent to the Terrorism Confinement Center (CECOT) under the Alien Enemies Act, accused of being members of the Tren de Aragua gang, but many had no criminal records and were in the US legally.
The judge cited a Supreme Court ruling that ordered the return of Kilmar Abrego Garcia after an “illegal” removal to the same prison. “Given what the Supreme Court said in Abrego, if these people were illegally removed … then the remedy has to be the same,” Boasberg said.
The men endured four months of severe physical and psychological abuse at CECOT before being sent back to Venezuela in a prisoner swap in July. Lawyers argued their due process rights were violated as they were denied any chance to challenge their removal.
The Trump administration must explain by March 13 how it will transport plaintiffs from third countries, and assess the feasibility of returning those still in Venezuela. The judge also demanded steps taken to obtain identification documents from El Salvador.
