Judge Boasberg Intervenes Again in Trump Deportation of Venezuelan Gang Members

A federal judge has ordered the Trump administration to facilitate the return of Venezuelan nationals who were deported from the United States and transferred to a high-security prison in El Salvador, reopening a legal dispute over the administration’s use of wartime authority to remove suspected members of a violent foreign gang, as reported by The Gatweay Pundit.

The ruling was issued late Monday by James Boasberg, an Obama-era appointee serving on the U.S. District Court for the District of Columbia.

The case stems from lawsuits filed by immigration activists challenging the Trump administration’s use of the Alien Enemies Act to deport Venezuelan nationals alleged to be members of the criminal organization Tren de Aragua.

Judge Boasberg, the rogue activist, demands plans to repatriate 200+ Venezuelans from CECOT, undermining Trump’s AEA crackdown! His reckless ruling ignores due process evidence—impeach this clown now! Courts vs. common sense—disgraceful! pic.twitter.com/XhixFZihtw

— (@pr0ud_americans) December 23, 2025

Earlier this year, the Trump administration relied on the Alien Enemies Act to remove suspected members of Tren de Aragua, transferring them to El Salvador’s CECOT prison facility.

In April, the Supreme Court of the United States vacated Judge Boasberg’s earlier orders blocking those removals, ruling that he lacked jurisdiction to halt the deportations.

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However, the Supreme Court also said the administration must provide reasonable notice allowing deportees to challenge their removal in court.

Despite that ruling, Judge Boasberg continued to assert authority over the matter.

In June, he ruled that the Trump Department of Justice must give Venezuelan gang members sent to El Salvador an opportunity to challenge their deportations.

He concluded that nearly all of the approximately 140 Venezuelan men transferred to the CECOT facility were deported unlawfully and must be allowed to seek habeas corpus relief in U.S. courts.

“Significant evidence has come to light indicating that many of those entombed in CECOT have no connection to the gang and thus languish in a foreign prison on flimsy, even frivolous, accusations,” Boasberg wrote.

In a 43-page opinion released late Monday night, Boasberg claimed the United States retained what he described as “constructive custody” over the deported Venezuelans even after they were transferred to El Salvador, giving his court jurisdiction to intervene.

“In many constructive-custody cases, it is hard for a court to discern whether petitioners would be released upon a respondent’s request. Not so here,” Boasberg wrote.

“Petitioners have indeed been released upon the United States’s request.”

Boasberg cited several developments to support his conclusion, including the return of Abrego Garcia from CECOT to the United States on June 6 following court orders and public statements by Donald Trump indicating he could request detainee releases from El Salvador’s president.

NEW: Jeb Boasberg’s unending sympathy for and defense of illegal Venezuelans tied to Tren de Aragua hits another fever pitch as he rules in favor of 137 illegals sent to El Salvador then back to Venezuela under the Alien Enemies Act.

Boasberg again claims their constitutional… pic.twitter.com/marUPv4lsA

— Julie Kelly (@julie_kelly2) December 22, 2025

The judge also pointed to what he described as a prisoner exchange.

In July, all 252 Venezuelans previously removed from the United States and held at CECOT were sent back to Venezuela, while ten U.S. nationals were released from Venezuela and returned to the United States.

“The Court thus concludes that the Government retained, and exercised, the power to control the return of CECOT detainees,” Boasberg wrote.

Based on that reasoning, Boasberg ruled that the Trump administration violated due-process rights by deporting suspected gang members without individualized hearings.

As a remedy, he ordered the administration to facilitate their return to the United States so they could pursue habeas corpus claims in federal court.

Under the ruling, the Trump administration has until January 5, 2026, to facilitate the return of more than 100 Venezuelan men from El Salvador.

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