Federal Judge Orders Trump Administration to Facilitate Return of Venezuelan Migrants Deported Under Alien Enemies Act
Washington, D.C. — In a significant legal blow to the White House’s immigration enforcement strategy, Chief U.S. District Judge James Boasberg has ordered the Trump administration to facilitate the return of more than 100 Venezuelan migrants who were summarily deported to El Salvador last year. The ruling, issued Thursday, mandates that the federal government must cover the costs of commercial air travel for those deportees wishing to return to the United States to legally challenge their removal.
The Ruling and Judicial Reasoning
Judge Boasberg’s order addresses the plight of approximately 137 Venezuelan nationals who were expelled in March 2025 under the Alien Enemies Act of 1798. The administration had designated the individuals as members of the transnational criminal organization Tren de Aragua and flew them to El Salvador’s maximum-security Terrorism Confinement Center (CECOT).
In his seven-page opinion, Boasberg scorched the Justice Department for its refusal to propose a viable remedy for what the court previously determined were violations of the migrants’ due process rights. Noting that the administration had effectively told the court to “pound sand” during remedial discussions, Boasberg wrote, “Mindful of the flagrancy of the Government’s violations of the deportees’ due-process rights… the Court refuses to let them languish in the solution-less mire Defendants propose.”
The order requires the government to issue “boarding letters” and pay for flights for plaintiffs currently in third countries who wish to return. Upon arrival at a U.S. port of entry, the individuals are expected to be taken back into immigration custody, where they will be permitted to file habeas corpus petitions to contest their gang designations—a right they were denied prior to their initial expulsion.
Background on the Controversy
The case centers on President Trump’s rare invocation of the Alien Enemies Act, a wartime statute allowing for the summary removal of foreign nationals from hostile nations without standard immigration hearings. The administration utilized this law to target alleged affiliates of Tren de Aragua, bypassing immigration courts to expedite removals to El Salvador.
The situation was further complicated later in 2025 when many of these detainees were transferred from El Salvador back to Venezuela as part of a prisoner exchange and diplomatic deal following the removal of former Venezuelan dictator Nicolás Maduro. Boasberg’s current order applies primarily to those who may still be in third countries or capable of travel, though the logistics remain complex for those already repatriated to Venezuela given the shifting diplomatic landscape.
Administration Objections and Security Concerns
The Trump administration has vehemently opposed the return of these individuals, citing national security concerns. Department of Justice attorneys have argued that the deportees were “carefully vetted” as dangerous gang members who pose an “extraordinary threat to the American public.” Officials have also contended that the court’s interference encroaches on the executive branch’s authority over foreign affairs and national security, particularly regarding the classification of enemy aliens.
Furthermore, administration officials have previously signaled their intent to appeal any order requiring the migrants’ return, arguing that the logistics are unfeasible and that the individuals have no legal basis to re-enter the country. Critics of the ruling argue that bringing alleged gang members back onto U.S. soil, even into custody, undermines the administration’s aggressive stance against transnational crime.
The Justice Department has been given a deadline—reported as late February for plaintiff counts and March for logistical filings—to comply with the order, setting the stage for an immediate appellate showdown.
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