A federal judge on Monday said the U.S. government denied due process to the Venezuelan men it deported to a prison in El Salvador in March after President Trump invoked the Alien Enemies Act.
The case over the Alien Enemies Act first brought into focus critiques about the Trump administration’s lack of due process in its immigration policy.
The ACLU and Democracy Forward challenged the deportation of the Venezuelans, saying the Alien Enemies Act was invoked illegally and that the men should have been given the opportunity to argue against their removal. Chief Judge James Boasberg of the U.S. District Court for the District of Columbia agreed, saying in his order they deserved the right to a hearing.
“On the merits, the Court concludes that this class was denied their due-process rights and will thus require the Government to facilitate their ability to obtain such hearing. Our law requires no less,” Boasberg wrote in his opinion.
Boasberg also certified the group of people removed on March 15 as a class, meaning the Venezuelans who brought the case as plaintiffs could represent the entire group of men removed.
President Trump on March 15 invoked the 1798 Alien Enemies Act to target members of Tren de Aragua, a Venezuelan prison gang that Trump says is invading the United States. The government sent several planeloads of alleged gang members to El Salvador immediately after invoking the act, including 137 people under the statute, the White House said at the time. (The men have since been returned to Venezuela.)
Boasberg imposed a temporary restraining order barring deportations that same evening — but the planes still arrived in El Salvador. The Justice Department argued that Boasberg had overstepped his authority by inserting himself into questions of foreign policy.
But Boasberg in Monday’s order said the U.S. maintained custody over the men while they were imprisoned in El Salvador, so the court continued to have jurisdiction over their fate. He gave the administration until January 5 to either “facilitate” their return to the U.S., or “to otherwise provide them with hearings that satisfy the requirements of due process.”
