U.S. District Judge James Boasberg has mandated that the Trump administration submit a detailed plan regarding the return or hearings for over 100 migrants deported to El Salvador‘s CECOT mega-prison in March 2023. The judge certified a class action representing all migrants sent to this facility, requiring that the government provide its strategy by January 5, 2024. This ruling follows an invocation of the Alien Enemies Act (AEA), allowing for the deportation of these individuals under controversial circumstances.
In March, the Trump administration utilized the AEA, an 18th-century law intended for wartime actions, to deport two planeloads of individuals it classified as alleged gang members. The justification for these actions included claims that the Venezuelan gang Tren de Aragua constitutes a “hybrid criminal state” posing a threat to the United States.
Initially, Judge Boasberg issued a temporary restraining order aimed at halting the deportations, instructing that the planes be turned back. However, Justice Department attorneys argued that the judge’s oral instructions were flawed, enabling the deportations to continue as scheduled. In response to the government’s failure to adhere to his order, Boasberg initiated contempt proceedings.
Earlier this month, a federal appeals court granted an emergency stay to the Justice Department, pausing these contempt hearings. This legal tug-of-war highlights the complexities surrounding immigration law and enforcement, particularly concerning noncitizens designated under the AEA.
The situation escalated further when more than 200 migrants were subsequently returned to Venezuela in July 2023 as part of a prisoner swap, raising questions about the treatment and rights of those affected. The implications of Judge Boasberg’s ruling could set important precedents for how similar cases are handled in the future, as the administration works to navigate the legal challenges posed by its immigration policies.
As the deadline approaches for the administration to submit its plans, the outcome may significantly impact the lives of those migrants and the broader discourse on immigration enforcement in the United States.
