A federal judge has ordered the Trump administration to devise a plan within two weeks addressing the fate of 137 Venezuelan men who were previously held in a Salvadoran megaprison, known for its harsh conditions. U.S. District Court Judge James Boasberg ruled that these men had been denied their due process rights, which necessitates a path for them to either be returned to the United States or be given hearings to contest allegations of gang membership against them.
Judge Boasberg’s decision stems from concerns regarding the treatment of these Venezuelan deportees, all of whom were sent to El Salvador under the Alien Enemies Act of 1798 and imprisoned at CECOT, a facility notorious for its severe conditions. The judge emphasized that the men had remained under U.S. jurisdiction during their detention, and he asserted that they deserved an opportunity to challenge the allegations that labeled them as gang members—claims that have been shown to lack substantial evidence.
“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,” Judge Boasberg noted in his ruling.
The group in question was part of a larger contingent of over 200 Venezuelan deportees sent to CECOT in March, shortly after former President Trump invoked the Alien Enemies Act, characterizing alleged members of Venezuela’s Tren de Aragua gang as enemies of the state who could be promptly detained and deported. While the Trump administration defended its actions by implying that these men lost U.S. custody upon their deportation, Judge Boasberg refuted this claim, stating that the U.S. had effectively maintained control over them during their imprisonment in El Salvador.
In a significant aspect of the case, it was found that several of those deported did not possess any criminal records, contrary to the allegations leveled against them by the Trump administration. Reports from human rights organizations have revealed that the treatment of these detainees was abusive, marking instances of severe mistreatment and even sexual abuse, constituting violations of their basic rights under international law.
As the deadline approaches, the government is required to present a viable plan that either facilitates the return of the detainees or provides them the due process hearings mandated by the court. This ruling underscores a critical moment in addressing the rights of individuals caught in complex immigration and deportation processes, shedding light on issues of due process and human rights in detention scenarios.