On Monday, U.S. District Judge James Boasberg ruled that the Trump administration must give legal due process to Venezuelan migrants flown to the Terrorism Confinement Center (CECOT) in El Salvador, or return them to the United States.
## Judge’s Order
Boasberg ordered the government to develop a plan within two weeks for the men, who have since been returned to Venezuela in a prisoner swap. He wrote, “Plaintiffs should not have been removed in the manner that they were, with virtually no notice and no opportunity to contest the bases of their removal, in clear contravention of their due-process rights.”
## Background of the Case
The case began in March when President Trump invoked an 18th-century wartime law to send Venezuelan migrants accused of gang membership to CECOT. Two planeloads of men were flown to the prison despite a verbal order from Boasberg for the aircraft to turn around. The judge launched a contempt investigation, but an appeals court has paused the battle between the judiciary and the executive.
## Outcome and Implications
More than 200 migrants were released back to Venezuela in a July prisoner swap. The ruling, issued by a judge appointed by former President Barack Obama, opens a path for the men to challenge the allegation that they are members of the Tren de Aragua gang and subject to removal under the Alien Enemies Act. ACLU attorney Lee Gelernt, who represents the migrants, said, “This critical ruling makes clear that the Trump administration cannot simply spirit people off to a notorious foreign prison with zero due process and simply walk away. There are consequences.”
## Key Takeaways
– The judge requires the administration to provide due process or return the migrants within two weeks.
– The migrants were flown to CECOT despite a court order, leading to a contempt investigation.
– More than 200 men were returned to Venezuela in a July swap, and the ruling allows them to contest their removal.
The decision underscores the limits of executive power in immigration enforcement and affirms the necessity of due-process protections for displaced individuals.
