Hundreds of Venezuelans deported to El Salvador have right to challenge detention, US judge rules
How did your country report this? Share your view in the comments.
Diverging Reports Breakdown
Alien Enemies Act: The 1798 law Trump used to deport migrants
The Alien Enemies Act grants the president of the United States sweeping powers to order the detention and deportation of foreign enemies. It was passed in 1798 when the US believed it would enter a war with France. In March, the US deported 261 alleged Venezuelan gang members to a notorious jail in El Salvador. Of those,137 were removed under the act, the White House said. Trump has alleged that the migrants were members of the Tren de Aragua (TdA) gang “conducting irregular warfare” against the US. Some civil rights groups say the Trump’s use of the act is illegal and discriminates against immigrants based on their ancestry. The act has only been previously used three times – all during times of conflict involving the US, including in World War Two and during the War of 1812 and World War One. The Supreme Court has been asked to intervene to stop deportations under the law. The White House says the deportations have “no lawful basis” and that the removals had already taken place.
14 May 2025 Share Save Sofia Ferreira Santos BBC News Share Save
Secretaria de Prensa de la Presidencia/Handout via Reuters
At core of US President Donald Trump’s hardline immigration policy is his use of a 1798 wartime authority allowing presidents to detain or deport the natives and citizens of an enemy country. While the Alien Enemies Act was enacted to prevent foreign espionage, the Trump administration has invoked it as the legal basis for the deportation of hundreds of alleged gang members. In March, the US deported 261 alleged Venezuelan gang members to a notorious jail in El Salvador. Of those,137 were removed under the act, the White House said. Trump has alleged that the migrants were members of the Tren de Aragua (TdA) gang “conducting irregular warfare” against the US. However some civil rights groups say the Trump’s use of the act is illegal and discriminates against immigrants based on their ancestry.
What is the act?
The Alien Enemies Act grants the president of the United States sweeping powers to order the detention and deportation of foreign enemies. It was passed in 1798 when the US believed it would enter a war with France. The act states that “whenever there shall be a declared war […] or any invasion or predatory incursion shall be perpetrated, attempted, or threatened” against the US, all “subjects of the hostile nation or government” could be “apprehended, restrained, secured and removed, as alien enemies”.
When else has it been used?
The act has only been previously used three times – all during times of conflict involving the US. It was last invoked in World War Two, when people of Japanese descent – reportedly numbering about 120,000 – were imprisoned without trial. Thousands were sent to internment camps. People of German and Italian ancestry were also interned during that time. Before that, the act was used during the War of 1812 and World War One.
What have the courts said?
Judges in New York, Colorado and Texas have ruled against Trump’s use of the law to deport Venezuelans. The Supreme Court ruled on 7 April that Trump could use the Alien Enemies Act to deport alleged gang members, but deportees must be given a chance to challenge their removal. That prompted civil rights groups to file lawsuits seeking to protect Venezuelans who may be targeted by the act. Several lower courts imposed temporary orders blocking deportations. Weeks later, the Supreme Court was again asked to intervene to stop deportations under the act. On 19 April, it ordered the Trump administration to pause the deportation of a group of Venezuelans detained in north Texas after their lawyers argued they had not been told about their right to contest the decision in court. On 1 May, Trump-appointed federal judge Fernando Rodriguez ruled that the US president cannot use the Alien Enemies Act to deport Venezuelan migrants. This was the first time a federal judge had ruled the use of the act was “unlawful”. But on 13 May, a federal judge in Pennsylvania, Stephanie Haines, said Trump could use the Alien Enemies Act to remove accused gang members from the state. She also ruled they must be given at least 21 days notice and an opportunity to challenge their deportations.
What has Donald Trump said?
At his inaugural address in January, he said he would invoke the act to “eliminate the presence of all foreign gangs and criminal networks bringing devastating crime to US soil”. In his proclamation on 15 March, Trump invoked the wording of the act by accusing TdA of threatening an “invasion” against the US. He declared its members “liable to be apprehended, restrained, secured, and removed as alien enemies”. Trump has repeatedly attacked judges who have issued rulings critical of his use of the act. In March, federal judge James Boasberg attempted to stop the use of the law to carry out the deportations, but the White House said this had “no lawful basis”, and that the removals had already taken place. This led to a back-and-forth between the judge, located in Washington DC, and the government. Boasberg dismissed the government’s response to his order as “woefully insufficient”, and warned of consequences if the Trump administration had violated his ruling. Donald Trump hit back on social media, saying Boasberg should be impeached and calling him a “grandstander”. One of the president’s top aides, Stephen Miller, recently said the administration was “actively looking at” suspending habeas corpus. The legal principle – which literally means “you should have the body” – allows for a person to be brought before a judge so the legality of their detention can be decided by a judge.
What have others said?
Watch: Attorney says ‘no question’ that US deportations violate law
Deported migrants must have right to challenge:US judge
Deported migrants must have right to challenge:US judge. Hundreds of Venezuelans deported from the US to El Salvador under an 18th century wartime law must be given the chance to challenge their detentions, a judge has ruled. Judge James Boasberg stopped short of expressly ordering the Trump administration to bring the hundreds of Venezuelan migrants back to the United States. The Venezuelans were deported in March after President Donald Trump invoked the 1798 Alien Enemies Act to swiftly deport alleged members of the Tren de Aragua gang. Trump, who has accused federal judges of stifling his agenda, called for the judge’s impeachment after the judge granted a request by lawyers for the Venezuelan migrants to temporarily block their deportations. A federal judge has ordered the US government to immediately halt deportation proceedings against the wife and five children of a man charged over a firebombing attack.
Hundreds of Venezuelans deported from the US to El Salvador under an 18th century wartime law must be given the chance to challenge their detentions, and the Trump administration must facilitate the legal challenges, a judge has ruled.
US District Judge James Boasberg stopped short of expressly ordering the Trump administration to bring the hundreds of Venezuelan migrants being held in a mega-prison in El Salvador back to the United States.
The judge gave the Trump administration one week to detail how it would facilitate the deportees’ filing of legal challenges.
ADVERTISEMENT Advertisement
In his ruling, Boasberg wrote that the individuals were deported without adequate notice or the right to contest their removals.
“That process – which was improperly withheld – must now be afforded to them,” Boasberg wrote.
The Venezuelans were deported in March after President Donald Trump, a Republican, invoked the 1798 Alien Enemies Act to swiftly deport alleged members of the Tren de Aragua gang without going through normal immigration procedures.
Family members of many of the Venezuelans and their lawyers deny the migrants had any gang ties, and say they were not given a chance to contest the Trump administration’s allegations in court.
ADVERTISEMENT Advertisement
The Trump administration is paying El Salvador’s government $6 million to hold them.
The ruling by Boasberg, an appointee of Democratic President Barack Obama, is the latest judicial ruling against Trump’s aggressive immigration policy. But the Republican president has also scored major wins from the US Supreme Court, which has backed his hardline approach in some cases while also signalling some reservations with how he is carrying out his agenda.
Trump, who has accused federal judges of stifling his agenda, called for Boasberg’s impeachment after the judge in March granted a request by lawyers for the Venezuelan migrants to temporarily block their deportations.
Trump’s comment prompted a rebuke from US Chief Justice John Roberts, who said appeals, not impeachments, were the proper way to handle disagreements with judicial rulings.
ADVERTISEMENT Advertisement
Meanwhile a federal judge has ordered the US government to immediately halt deportation proceedings against the wife and five children of a man charged over a firebombing attack in Boulder, Colorado.
US District Judge Gordon P Gallagher granted a request from the family of Mohamed Sabry Soliman to block their deportation, after US immigration officials took them into federal custody on Tuesday.
“The court finds that deportation without process could work irreparable harm and an order must issue without notice due to the urgency this situation presents,” Gallagher wrote in the order.
The family members have not been charged in the attack on a group demonstrating for the release of Israeli hostages in Gaza.
ADVERTISEMENT Advertisement
Soliman, 45, has been charged with a federal hate crime and state counts of attempted murder in the Sunday attack in downtown Boulder.
“It is patently unlawful to punish individuals for the crimes of their relatives,” attorneys for the family wrote in the lawsuit.
Soliman’s wife, 18-year-old daughter, two minor sons and two minor daughters all are Egyptian citizens.
“We are investigating to what extent his family knew about this heinous attack, if they had knowledge of it, or if they provided support to it,” US Secretary of Homeland Security Kristi Noem said in a statement.
And a Guatemalan man who was deported to Mexico despite fearing persecution there was flown back to the United States on Wednesday after a judge ordered the US government to facilitate his return.
Tracking Trump and Latin America: Migration—Supreme Court Removes CHNV Protections
U.S. President Donald Trump made his focus on immigration clear on the first day of his second term. Just over half of the U.S foreign-born population comes from the region, according to 2023 census data. Latin Americans make up around 77 percent of an estimated 11 million undocumented migrants in the United States. Trump is also attempting to end birthright citizenship by reinterpreting the 14th Amendment.
With the declaration of a national emergency at the U.S. southern border and the classification of migration as “an invasion,” U.S. President Donald Trump made his focus on immigration clear on the first day of his second term, taking action on an issue that was a focal point in his 2024 presidential campaign. In that year, just about 15 percent of U.S. voters named migration as the most important issue facing their country, according to YouGov, second only to inflation.
No doubt, Trump’s migration policy over the next four years will touch upon Latin America and Latin Americans. Just over half of the U.S. foreign-born population comes from the region, according to 2023 census data—almost 24.5 million people. According to statistics from Pew Research Center, Latin Americans also make up around 77 percent of an estimated 11 million undocumented migrants in the United States.
During his first term (2017–2021), Trump passed policies that pressured Latin American governments to take more responsibility to deter migration and accept deportees. This term, Trump is resurrecting—or intensifying—several of those policies. And this time, Trump is also attempting to end birthright citizenship by reinterpreting the 14th Amendment and threatening a wider set of countries with punitive measures if they don’t comply with his requests around deportation.
AS/COA Online is monitoring Trump’s government approach to migration. Learn about his most recent initiatives, as well as his campaign promises and how the policies of his second presidency are different from the actions he took in his first term.
Hundreds of Venezuelans deported to El Salvador have right to challenge detention, US judge rules
U.S. District Judge James Boasberg rules that the Trump administration must facilitate deportees’ legal challenges. But the judge stopped short of expressly ordering the administration to bring the hundreds of Venezuelan migrants currently being held in a mega-prison in El Salvador back to the United States. The judge gave the Trump Administration one week to detail how it would facilitate the deportees’ filing of legal challenges, but it was not immediately clear how the migrants would file the challenges. Neither the White House nor the Justice Department immediately responded to requests for comment on the ruling. The ruling is the latest judicial ruling against Trump’s aggressive immigration policy. The Republican president has also scored major wins from the U.s. Supreme Court, which has backed his hardline approach in some cases while also signaling some reservations with how he is carrying out his agenda. The court ruled that migrants must be allowed to challenge their removals under the Alien Enemies Act, but those rulings only applied to Venezuelans still in the U.,S. facing possible deportation under the law.
Item 1 of 2 U.S. military personnel escort an alleged gang member who was deported by the U.S. along with others the U.S. alleges are members of the Venezuelan gang Tren de Aragua and the MS-13 gang to be imprisoned in the Terrorism Confinement Center (CECOT) prison, at the El Salvador International Airport in San Luis Talpa, El Salvador April 12, 2025. Secretaria de Prensa de la Presidencia/Handout via REUTERS/File Photo
Summary Judge rules Trump administration must facilitate deportees’ legal challenges
Judge says process to contest removal was improperly withheld from those deported
Ruling is first to address fate of hundreds of deported Venezuelans
NEW YORK, June 4 (Reuters) – Hundreds of Venezuelans deported from the United States to El Salvador under an 18th century wartime law must be given the chance to challenge their detentions, and the Trump administration must facilitate the legal challenges, a U.S. judge ruled on Wednesday.
U.S. District Judge James Boasberg stopped short of expressly ordering the Trump administration to bring the hundreds of Venezuelan migrants currently being held in a mega-prison in El Salvador back to the United States.
Sign up here.
The judge gave the Trump administration one week to detail how it would facilitate the deportees’ filing of legal challenges.
In his ruling, Boasberg wrote that the individuals were deported without adequate notice or the right to contest their removals.
“That process – which was improperly withheld – must now be afforded to them,” Boasberg wrote. “Absent this relief, the government could snatch anyone off the street, turn him over to a foreign country, and then effectively foreclose any corrective course of action.”
It was not immediately clear how the migrants would file the legal challenges, known as habeas corpus petitions, from within El Salvador’s Terrorism Confinement Center.
The Venezuelans were deported in March after President Donald Trump, a Republican, invoked the 1798 Alien Enemies Act to swiftly deport alleged members of the Tren de Aragua gang without going through normal immigration procedures.
Boasberg’s Wednesday ruling is the first to address the fate of these detainees.
Neither the White House nor the Justice Department immediately responded to requests for comment.
Family members of many of the Venezuelans deported on March 15 and their lawyers deny the migrants had any gang ties, and say they were not given a chance to contest the Trump administration’s allegations in court.
The Trump administration is paying President Nayib Bukele’s government $6 million to hold them.
The U.S. Supreme Court in April held that migrants must be allowed to challenge their removals under the Alien Enemies Act. Courts around the country have since barred the Trump administration from further deportations of alleged Tren de Aragua members under the law.
But those rulings only applied to Venezuelans still in the U.S. facing possible deportation under the law.
CRACKDOWN ON IMMIGRATION
The ruling by Boasberg, an appointee of Democratic President Barack Obama, is the latest judicial ruling against Trump’s aggressive immigration policy. But the Republican president has also scored major wins from the U.S. Supreme Court, which has backed his hardline approach in some cases while also signaling some reservations with how he is carrying out his agenda.
Trump campaigned for his second term on a pledge to step up deportations.
Trump, who has accused federal judges of stifling his agenda, called for Boasberg’s impeachment after the judge in March granted a request by lawyers for the Venezuelan migrants to temporarily block their deportations.
Trump’s comment prompted a rebuke from U.S. Chief Justice John Roberts, who said appeals, not impeachments, were the proper way to handle disagreements with judicial rulings.
At the time of Boasberg’s March ruling, planes carrying the migrants had already taken off from the U.S.
The judge ordered the administration to return the migrants. When officials did not, Boasberg opened an inquiry into whether anyone should be held in contempt for disobeying his order.
The judge’s probe is on hold while the Trump administration appeals.
In Wednesday’s ruling, Boasberg cited the Supreme Court’s ruling in a separate case upholding a lower court’s order for the administration to facilitate the return of Kilmar Abrego Garcia, a Salvadoran migrant living in Maryland who was deported to El Salvador despite an earlier court ruling that he not be sent there.
The Supreme Court, however, struck down an order by the judge in that case that the government “effectuate” Abrego Garcia’s return, citing the deference courts must give to the government on foreign policy matters.
Boasberg said his decision to allow the Trump administration propose a procedure for allowing the Venezuelans to file legal challenges balanced the executive branch’s authority over foreign affairs with the migrants’ constitutional rights.
Reporting by Luc Cohen; editing by Ryan Patrick Jones, Noeleen Walder and Deepa Babington
Our Standards: The Thomson Reuters Trust Principles. , opens new tab
Share X
Link Purchase Licensing Rights
Judge orders Trump administration to bring Venezuelans back from El Salvador prison
U.S. District Judge James Boasberg of Washington, D.C., said the alleged members of the Tren de Aragua gang who were deported in mid-March under the 1798 Alien Enemies Act are entitled to filing habeas petitions. The Supreme Court in April overturned his injunction stopping the removals of the suspected Venezuelan gang members. The migrants have a due-process right to contest their deportation and imprisonment in the notorious facility in El Salvador known as CECOT, the Spanish initials for the Terrorism Confinement Center. In a related legal dispute, the Trump administration admitted that there was an “administrative error’ — despite the federal judge’s order that he not be removed from the U.S., a federal judge ordered the administration to bring him back to the United States. The judge who issued the temporary restraining order was mulling whether to hold Trump administration officials in contempt for violating his order to pause the flights of Venezuelan migrants to the mega prison inEl Salvador that began in March.
A screengrab from a video obtained from the El Salvador Presidential Press Office shows alleged members of the Venezuelan gang Tren de Aragua, deported by the U.S. government, detained at the Terrorism Confinement Center in Tecoluca, El Salvador, on March 16, 2025. El Salvador Presidential Press Office
Backed by a Supreme Court order, a federal judge ruled on Wednesday that the Trump administration must bring back to the United States hundreds of suspected Venezuelan gang members who were sent to a mega prison in El Salvador without any court review of the criminal allegations against them.
U.S. District Judge James Boasberg of Washington, D.C., said the alleged members of the Tren de Aragua gang who were deported in mid-March under the 1798 Alien Enemies Act are entitled to filing habeas petitions to challenge the legal basis for their deportation and imprisonment in the notorious facility in El Salvador known as CECOT, the Spanish initials for the Terrorism Confinement Center.
Describing the Venezuelans’ ordeal as “Kafkaesque,” the judge noted that while the U.S. Supreme Court in April overturned his injunction stopping the removals of the suspected Venezuelan gang members, the justices ruled that the migrants have a due-process right to contest their detention on an individual basis in the United States.
“Perhaps the President lawfully invoked the Alien Enemies Act. Perhaps, moreover, [the Trump administration is] are correct that Plaintiffs [Venezuelan immigrants] are gang members,” Boasberg wrote in his 69-page order. “But — and this is the critical point — there is simply no way to know for sure, as the CECOT Plaintiffs never had any opportunity to challenge the Government’s say-so.
“Defendants instead spirited away planeloads of people before any such challenge could be made,” Boasberg added. “And now, significant evidence has come to light indicating that many of those currently entombed in CECOT have no connection to the gang and thus languish in a foreign prison on flimsy, even frivolous, accusations.”
Boasberg’s rebuke of the Department of Homeland Security’s decision to invoke the the archaic war powers law as grounds for summarily deporting the suspected Venezuelan gang members followed a major ruling by the Supreme Court in April.
The court vacated the judge’s temporary restraining order that had blocked the removal of alleged Venezuelan gang members, giving the Trump administration the green light to use the wartime law to carry out the deportations of certain migrants.
The majority ruled that challenges to the detention and removal of migrants using the Alien Enemies Act must be brought as legal petitions in the area where the plaintiffs were held in the United States, not in Washington, D.C., where the American Civil Liberties Union filed its petition.
But the majority also found that such migrants are entitled to due process of the law as part of their removal proceedings. The plaintiffs who brought the lawsuit in question said they had been wrongly accused of being members of the violent Venezuelan gang Tren de Aragua.
Alien Enemies Act detainees “must receive notice after the date of this order that they are subject to removal under the act,” Chief Justice John Roberts wrote. “The notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief in the proper venue before such removal occurs.”
The high court opinion came just as the judge who issued the temporary restraining order was mulling whether to hold Trump administration officials in contempt for violating his order to pause the flights of Venezuelan migrants to the mega prison in El Salvador that began in March.
Boasberg originally imposed a 14-day temporary restraining order halting the deportations of alleged members of Tren de Aragua.
In a concurring opinion, Justice Brett Kavanaugh said that all nine members of the Supreme Court agree that judicial review is available to migrants. “The only question is where that judicial review should occur,” Kavanaugh wrote.
Among the immigrants sent to the prison in El Salvador was a Maryland man. In a related legal dispute, the Trump administration admitted that Kilmar Armando Abrego Garcia, a Salvadoran native, was deported there due to an “administrative error” — despite an immigration court order that he not be removed from the United States.
Another federal judge ordered the Trump administration to bring him back to the U.S. The Supreme Court affirmed the judge’s order directing the Trump administration to “facilitate” Garcia’s release, but he’s still imprisoned in El Salvador.
This story was originally published June 4, 2025 at 7:09 PM.