Alien Enemies Act deportations violated due process, judge says : NPR

A prison guard monitors an interior perimeter at CECOT (Anti-Terrorism Containment Center) on December 15, 2025 in Tecoluca, El Salvador. CECOT gained notoriety in 2025 when the Trump administration launched its controversial policy of deporting people to El Salvador who they claimed were members of the Venezuelan gang Tren De Aragua.

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A federal judge ruled Monday that the U.S. government denied due process to Venezuelan men it deported to a prison in El Salvador in March after President Trump invoked the Alien Enemies Act.

The Alien Enemies Act case first highlighted criticism of the Trump administration’s lack of due process in its immigration policy.

The American Civil Liberties Union and Democracy Forward challenged the expulsion of the Venezuelans, saying the Alien Enemies Act was illegally invoked and that the men should have been given the opportunity to object to their expulsion.

In his order, Chief Judge James Boasberg of the U.S. District Court for the District of Columbia agreed that they deserve the right to a hearing — whether by repatriating them to the United States or allowing them to pursue legal remedies from abroad.

“On the merits, the Court concludes that this class has been denied its due process rights and will therefore require the government to facilitate their ability to obtain such a hearing. Our law requires nothing less,” Boasberg wrote in his opinion.

The Trump administration will likely appeal.

Around March 15, President Trump invoked the Foreign Enemies Act of 1798 to target members of the Tren de Aragua, a Venezuelan prison gang that he claimed was invading the United States. The government sent several planeloads of suspected gang members to El Salvador immediately after invoking the law, including 137 people under the law, the White House said at the time. (The men have since been returned to Venezuela as part of a prisoner exchange.)

Boasberg imposed a temporary restraining order banning deportations that evening – but the planes arrived in El Salvador anyway. The Justice Department argued that the judge exceeded his authority by interfering in foreign policy matters.

Boasberg, in his order Monday, said the United States maintained custody of the men while they were imprisoned in a notorious prison in El Salvador, so the court continued to have jurisdiction over their fate. He gave the administration until January 5 to either “facilitate” their return to the United States or “otherwise provide them with hearings that meet the requirements of due process.”

He said that whether or not Trump legally invoked the Alien Enemies Act, the men deserved to have a “meaningful opportunity” to prove they were not gang members before being deported.

“Otherwise, a finding of illegal expulsion would be meaningless to the plaintiffs, who have already been returned to Venezuela against their will and without due process,” he said. “Expedited removal cannot render this aid ineffective,” Boasberg said, otherwise nothing would stop the government from “secretly luring” people to a foreign country.

Boasberg also certified the group of people deported on March 15 as a group, meaning the Venezuelans who filed suit as plaintiffs could represent the entire group of men deported.

Separately, Boasberg said in July that there was “probable cause” to hold the Trump administration in criminal contempt for violating his order to stop planes heading to El Salvador in the first place. An appeals court intervened earlier this month to put the issue on hold at least until the new year.