Venezuelans Deported By Trump Administration Under Alien Enemy Act Must Be Allowed Legal Challenge To Contest Gang Accusations, Judge Calls Situation Kafkaesque
A federal judge has ordered, on Wednesday, that a group of Venezuelans, deported to a Salvadoran prison, must be provided with a legal channel to challenge the accusations made by the Trump administration that they are gang members.
What Happened: U.S. District Judge James Boasberg did not lay out the specific measures the administration should take, but mandated them to propose a plan within a week, reported The Hill. While acknowledging potential diplomatic or national-security implications, Boasberg stressed the constitutional obligation of the administration to offer a remedy for the perceived injustice.
The Trump administration has maintained that they cannot secure the return of anyone detained at CECOT, a notorious Salvadoran prison. Salvadoran President Nayib Bukele has also refused to repatriate any mistakenly deported individual sent to the facility under regular immigration authorities.
Boasberg’s ruling was influenced by the lack of transparency and due process afforded to the Venezuelans during their deportation. The judge compared the situation to a scene from Franz Kafka’s novel “The Trial,” where the deported Venezuelans were given scant information about their impending transfer.
The Venezuelans were deported on March 15, shortly after President Donald Trump invoked the Alien Enemies Act, a law previously used only during declared wars. Boasberg pointed to evidence suggesting that many of the deported Venezuelans have no gang affiliation and are languishing in a foreign prison based on flimsy accusations.
The ruling is part of a larger legal battle involving the Trump administration’s use of the Alien Enemies Act, which has resulted in more than a dozen lawsuits across the country.
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Why It Matters: This ruling comes amidst a series of legal battles and policy changes that have affected Venezuelans in the US.
In February 2025, the Trump administration rescinded Temporary Protected Status for over 300,000 Venezuelans, leaving them vulnerable to deportation.
Previously, Judge Boasberg has criticized the administration for not providing sufficient details about Venezuelan deportation flights.
Meanwhile, in April, Salvadoran President Nayib Bukele proposed a prisoner swap with Venezuela, aiming to repatriate Venezuelan deportees from the U.S.
Photo Courtesy: Joey Sussman on Shutterstock.com
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This story was generated using Benzinga Neuro and edited by Shivdeep Dhaliwal
