Key Highlights
- A U.S. District Judge ordered the Trump administration to submit plans for the return or hearings of over 200 migrants deported to El Salvador’s CECOT prison.
- The migrants were sent to the prison under the Alien Enemies Act in March, invoking an 18th century wartime authority with little-to-no due process.
- U.S. District Judge James Boasberg certified a class representing all migrants and set a deadline for the government to submit its plans by Jan. 5.
- The ruling comes after the Trump administration deported two planes of alleged gang members, citing the Venezuelan Tren de Aragua as a “hybrid criminal state” invading the U.S.
Background on the Alien Enemies Act and Deportation
The Alien Enemies Act (AEA), an 18th-century law that allows for the deportation of non-citizens during wartime, was invoked by the Trump administration in March to deport over 200 alleged migrant gang members to El Salvador’s CECOT prison. This move was made under the pretext that the Venezuelan Tren de Aragua is a “hybrid criminal state” posing a threat to U.S. security.
Steven Dudley, author of “MS-13: The Making of America’s Most Notorious Gang,” joined ABC News Live to provide insight into El Salvador’s infamous CECOT prison, highlighting the complex and often inhumane conditions faced by detainees there.
Judicial Order and Timeline
On Monday, U.S. District Judge James Boasberg issued a significant order, compelling the Trump administration to submit plans for returning or otherwise providing hearings for over 200 migrants who were deported to CECOT prison in March. This decision was made following an ongoing legal challenge where Boasberg certified a class representing all such migrants.
The judge set a strict deadline of January 5, by which the government must present its plans allowing these individuals to contest their designation under the AEA. Boasberg’s order underscores the violation of due process rights experienced by these migrants, who were sent to CECOT without any opportunity to challenge their removal.
Impact and Perspectives
The ruling has far-reaching implications for the 200+ migrants deported under the AEA. Lee Gelernt, an attorney with the American Civil Liberties Union (ACLU), stated that this order marks a significant step towards ensuring due process for these individuals. He said: “The men endured immeasurable abuse but will now finally get the due process the Trump administration indisputably denied them.”
Jerce Reyes Barrios, a professional soccer player and youth coach deported to CECOT despite his attorney’s declaration of no criminal record in Venezuela or the U.S., expressed shock upon learning about the judge’s order.
He shared: “News of the judge’s order shocked me like a bucket of cold water.” Despite this, Barrios stated that he is not yet ready to consider returning to the U.S., citing ongoing trauma from his time at CECOT.
The decision also highlights the complex relationship between the U.S. and El Salvador in dealing with migration issues. While Boasberg acknowledged U.S. “constructive custody” over these migrants, he emphasized that their rights were violated by invoking the AEA without providing due process.