Judge Orders Trump Administration to Return Illegally Deported Venezuelans
Judge Orders Return of Illegally Deported Venezuelans

Federal Judge Blasts Trump Administration Over Illegal Deportations

A federal judge has issued a scathing order demanding Donald Trump's administration facilitate the return of Venezuelan men who were illegally deported to a notorious prison in El Salvador. District Judge James Boasberg condemned what he described as flagrant violations of the deportees' due process rights, revealing that government lawyers essentially told him to pound sand when questioned about challenging the removals.

Judicial Rebuke of Government Conduct

In his Thursday ruling, Judge Boasberg expressed frustration with the government's approach to the case. Apparently not interested in participating in this process, the Government's responses essentially told the Court to pound sand, he wrote. The judge emphasized his refusal to let the deportees languish in the solution-less mire proposed by defendants, ordering specific actions to begin their return to the United States.

The Venezuelan men had been sent to the Terrorism Confinement Center (CECOT) in El Salvador, where they endured four months of what they describe as severe physical and psychological abuse amounting to torture. They seek to return to the U.S. to file legal challenges against their treatment and deportation.

Supreme Court Precedent Cited

Judge Boasberg referenced the Supreme Court's unanimous ruling in the Kilmar Abrego Garcia case, which ordered the Trump administration to return an individual after an illegal removal to the same Salvadoran prison. Given what the Supreme Court said in Abrego, if these people were illegally removed ... then the remedy has to be the same as for Abrego, Boasberg stated during a Monday hearing.

The administration had invoked the Alien Enemies Act to swiftly remove Venezuelans accused of being Tren de Aragua gang members, but lawyers argued this violated due process by denying any chance to challenge the abrupt removal.

Complex International Dimensions

After four months in CECOT, the men were returned to Venezuela in July as part of a prisoner swap involving U.S. residents held in Venezuelan jails. During hearings, ACLU lawyer Lee Gelernt argued that clients who reached third countries should have immediate rights to return to the U.S. or access remote hearings.

The judge has given the Trump administration until March 13 to explain:

  • How it plans to transport plaintiffs seeking return from third countries
  • The feasibility of returning plaintiffs still in Venezuela
  • Steps taken to obtain passports or identification documents from El Salvador

Revelations About Deportation Practices

Court documents reveal disturbing details about the deportation process. Dozens of Venezuelan men were flown from immigration detention centers in the middle of the night to CECOT, where they were shackled, gang-walked into the maximum-security prison, had their heads shaved, and were stuffed into jail cells. They were denied contact with families or lawyers and never stepped outside.

Government officials later admitted that many of those deported had no criminal records and were in the country legally with scheduled asylum hearings. Despite administration claims that the U.S. lacked jurisdiction over men sent to El Salvador, Salvadoran authorities told the United Nations that legal responsibility for these people lie exclusively with the U.S. government.

Aftermath and Continuing Legal Battle

Following their release, the men have described routine beatings with fists and batons by guards in lawsuits and interviews. The case represents an extraordinary legal confrontation that saw Trump himself demand the judge's impeachment after Boasberg ordered planes turned around upon learning of the emergency deportations.

The administration appeared to use the deportees as bargaining chips in international negotiations, with more than 250 Venezuelans eventually returned to their home country in exchange for Americans released from Venezuelan custody. The judge's latest order represents a significant judicial pushback against what he characterizes as systematic due process violations in immigration enforcement.