Judge Blocks Trump’s Gang Deportations, Citing Risk of Torture in El Salvador
A federal judge has ruled that Venezuelan migrants deported by the Trump administration deserved court hearings before their removal. U.S. District Judge James Boasberg denied the administration’s request to lift his order blocking deportations, emphasizing that Trump’s use of the Alien Enemies Act does not override due process rights.
Trump invoked the wartime law to deport alleged members of the Tren de Aragua gang, calling it a “hybrid criminal state” invading the U.S. However, Boasberg ruled that individuals must have hearings to challenge their gang designation before being removed. He also noted that the deported men face “torture, beatings, and even death” in El Salvadoran prisons.
Boasberg expressed doubts about the administration’s national security claims, pointing out that the men would have remained detained in the U.S. if not deported. DOJ lawyers admitted that deportees have the right to a habeas hearing to contest their gang status but did not commit to holding those hearings before removal.
The ruling comes as a federal appeals court reviews Trump’s use of the Alien Enemies Act. If the D.C. Circuit overturns Boasberg’s block, the administration could use the law to deport suspected gang members with little legal oversight.
Critics argue that Trump exceeded his authority by applying the act to a gang instead of a foreign state during wartime. The administration, however, insists that national security decisions are not subject to judicial review.
Last week, Boasberg temporarily halted the deportation of over 200 alleged gang members, calling the process “frightening” and “troublesome.” An ICE official later admitted that many of those deported had no criminal records in the U.S.
As the appeals court weighs the case, Boasberg is also investigating whether the administration defied his order by sending deportees to an El Salvadoran prison instead of returning them to the U.S.
With deportations under the Alien Enemies Act on hold, the Trump administration plans to use other legal avenues. Over the weekend, Venezuelan officials announced an agreement to resume repatriation flights of migrants from the U.S.
A three-judge panel—including two Republican appointees, one by Trump—will hear arguments today. If the case reaches the Supreme Court, Trump’s three appointments could play a key role in deciding its outcome.
