The order clarifies that Venezuelans eligible to return to the United States will be taken into custody upon arrival in the country, after they were sent to Venezuela in July as part of a prisoner exchange between both governments.
A federal judge this Thursday ordered the administration of President Donald Trump to facilitate dozens of Venezuelans, sent last year to a security prison in El Salvador, to return to the United States to continue their immigration processes, if they wish.
The court decision represents a major setback for the US president in his campaign of mass deportations.
Judge James Boasberg ordered the Government to allow the entry into the United States of the more than 130 Venezuelans who, as of March 2025, were held for four months in the Terrorism Confinement Center (Cecot).
The judge, who has been criticized by Trump, highlighted in his order that “this situation would never have arisen” if the Executive had simply recognized the plaintiffs’ constitutional rights before deporting them.
The United States must pay for air tickets and provide the necessary documentation to facilitate the trip for those who decide to return.
The order clarifies that Venezuelans eligible to return to the United States will be taken into custody upon arrival in the country, after they were sent to Venezuela in July as part of a prisoner exchange between both governments.
In December, Boasberg had already ruled that the Trump Administration denied due process to this group of Venezuelans and should give them the opportunity to have a hearing.
The judge also certified a class action lawsuit, which paves the way for all migrants sent to Cecot to challenge their designation as foreign enemies of the United States.
Trump invoked the Alien Enemies Act of 1798, used in times of war, to send to El Salvador the migrants whom he accused, without presenting evidence, of belonging to the Tren de Aragua, a criminal gang that has been designated by the US as a terrorist organization.
The lawsuit was filed by the American Civil Liberties Union (ACLU) and Democracy Forward, which argued that the deportation was illegal and that El Salvador imprisoned the Venezuelans in exchange for payment.
Due to the sending of immigrants to El Salvador, the White House is maintaining another judicial battle in the case of Salvadoran Kilmar Ábrego García, who was expelled along with the Venezuelans and taken back to the US by order of a judge.
With information from EFE agency
*Journalism in Venezuela is carried out in a hostile environment for the press with dozens of legal instruments in place to punish the word, especially the laws “against hate”, “against fascism” and “against the blockade.” This content was written taking into consideration the threats and limits that, consequently, have been imposed on the dissemination of information from within the country.
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