Federal judge rules the U.S. violated due process with Alien Enemies Act deportations

"President Trump on March 15 invoked the 1798 Alien Enemies Act to target members of Tren de Aragua, a Venezuelan prison gang that Trump says is invading the United States. The government sent several planeloads of alleged gang members to El Salvador immediately after invoking the act, including 137 people under the statute, the White House said at the time. (The men have since been returned to Venezuela.)"

"Boasberg imposed a temporary restraining order barring deportations that same evening but the planes still arrived in El Salvador. The Justice Department argued that Boasberg had overstepped his authority by inserting himself into questions of foreign policy. But Boasberg in Monday's order said the U.S. maintained custody over the men while they were imprisoned in El Salvador, so the court continued to have jurisdiction over their fate."

A federal judge found that Venezuelan men deported to an El Salvador prison after invocation of the Alien Enemies Act were denied due-process rights. The ACLU and Democracy Forward challenged the deportations, arguing the statute was illegally invoked and the men lacked a chance to contest removal. Chief Judge James Boasberg certified the removed group as a class, concluded they deserved hearings, and required the government to facilitate those hearings. Boasberg noted the United States maintained custody while the men were imprisoned in El Salvador, preserving court jurisdiction despite Justice Department arguments about foreign policy authority.

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