Federal Judge Orders Due Process for Venezuelan Deportees

Federal Judge Orders Due Process for Venezuelan Deportees

A federal judge in Washington, D.C., has ordered the Trump administration to provide over 100 Venezuelan men the opportunity to contest their deportation from the United States. These men were sent to a supermax prison in El Salvador earlier this year under the Alien Enemies Act.

Court Findings

U.S. District Judge James Boasberg determined that the 137 men removed to El Salvador on March 15 had been "plainly deprived" of their due process rights. According to court documents, these secretive deportations had "improperly withheld" due process rights from the deportees.

Key Points from the Ruling:

  • The judge ruled that the individuals were entitled to notice and an opportunity to challenge their removability.
  • This process was improperly withheld from them.
  • Boasberg stated he does not have jurisdiction over Venezuelan men already in state or local custody across the country prior to March 15.

Judge’s Statements

In his response, Boasberg emphasized:

  • "The plaintiff’s abilities must be restored."
  • They must be given a practical opportunity to seek habeas relief that was previously denied.

Boasberg noted that he cannot grant relief from his position on the bench after being asked for relief by both groups of men in their lawsuit against Trump administration officials.

Administration’s Position

The Trump administration has repeatedly claimed that all Venezuelan men deported to El Salvador are dangerous and members of the Tren de Aragua prison gang, which President Trump labeled as a wartime enemy and terrorist group. However, CBS News found that an overwhelming majority of them have no apparent criminal convictions or charges.

Concerns Raised

Among those detained at CECOT is a gay makeup artist who was seen weeping when picked up by guards from his holding cell, where he might have received medical care. Boasberg expressed concern about the government’s claims that all deportees are gangsters, stating:

  • “Significant evidence has come to light indicating many of those currently entombed in CECOT have no connection with gangs.”

Legal Challenge

Lee Gelernt, an ACLU lawyer leading the legal challenge against Trump’s use of the Alien Enemies Act, stated:

  • “The court correctly held authorities cannot just wash their hands of responsibility for constitutional violations, leaving these people lingering in foreign prisons perhaps for the rest of their lives.”
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