Federal Judge James Boasberg dealt a severe blow to President Donald Trump’s immigration policy by ordering the immediate return of dozens of Venezuelans unjustly sent to a maximum security prison in El Salvador. The ruling requires that the US Government facilitate the re-entry of more than 130 citizens who suffered months of confinement in the Confinement Center for Terrorism (CECOT).
The judge described the White House’s actions as a flagrant violation of constitutional rights that should never have happened.
Boasberg harshly criticized the Executive’s decision to ignore due process before carrying out these mass deportations under the Alien Enemies Act of 1798. The judge recalled that the Trump Administration acted arbitrarily by denying migrants the opportunity to defend themselves in legal hearings.
“This situation would never have arisen” if the Government had simply recognized the plaintiffs’ constitutional rights before initially deporting them.
Now, the United States will assume full financial responsibility for this error, paying for air tickets and processing the necessary documentation to bring back those who wish to resume their immigration processes.
The judicial position dismantles the use of laws of war to persecute civilian communities. By certifying a class action lawsuit, the judge allows all affected Venezuelans to challenge their designation as “enemy aliens,” a label that Trump imposed without presenting concrete evidence.
End of the illegal confinement in the CECOT and the repair of damages
The court order puts an end to one of the darkest chapters of recent immigration management, after the confinement of civilians in a prison designed for terrorists. The plaintiffs, supported by the American Civil Liberties Union (ACLU), denounced that their shipment to El Salvador was part of a questionable economic agreement between both governments.
Judge Boasberg invalidated this practice and stressed that the alleged connection of those affected with criminal gangs lacked minimal legal support.
Venezuelans who return to the country will enter federal custody, but will finally have the hearing that the administration denied them last year. The court emphasized that the State cannot use the Alien Enemies Law as a tool for express deportation without evidence that individuals represent a real threat in times of war.
The ruling forces DHS to reverse the actions carried out since March 2025 and guarantee the safety of returnees.
Boasberg’s insistence on protecting the right to defense makes it clear that the judicial system will not allow the Executive to act above the Constitution. The White House now faces the logistical and legal challenge of repairing damage caused by an expulsion policy that the judge called illegal and disproportionate.
