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A U.S. federal judge has ordered the Venezuelan men that the Trump administration deported to El Salvador early last year be returned to the United States, stating that they did not receive due process in some cases.
U.S. District Judge James Boasberg issued the order to bring back 137 Venezuelans on Thursday, citing as precedent the well-documented return of Kilmar Abrego-Gargia from El Salvador’s CECOT prison to the U.S.
The order comes after a hearing on Monday when Boasberg hinted he would order their return. Department of Justice lawyers at the time said they would prefer the Venezuelans return to the U.S. rather than try to do remote hearings from El Salvador, Venezuela or other locations outside the U.S.
Boasberg's order also asked that the government submit a status report by March 13th.
DOJ SAYS IT OWES DEPORTED VENEZUELANS NO DUE PROCESS, DARES COURT TO INTERVENE
James Boasberg, the chief judge of the U.S. District Court, in Washington, D.C., on Monday, Mar. 13, 2023. (Valerie Plesch/Bloomberg via Getty Images)
The high-profile case involves the U.S. deportation of 252 suspected Venezuelan nationals, who were also suspected Tren de Aragua gang members, to CECOT prison in El Salvador last March under the 1798 Alien Enemies Act.
In this handout photo provided by the Salvadoran government, guards escort inmates allegedly linked to criminal organizations at CECOT prison on March 16, 2025, in Tecoluca, El Salvador. (Salvadoran Government via Getty Images)
The case has emerged as one of the defining court fights of President Donald Trump’s second term, allowing the administration to test its mettle against the federal courts and the practical limits of judicial authority, on one of Trump’s biggest policy priorities.
As prisoners stand looking out from a cell, Homeland Security Secretary Kristi Noem speaks during a tour of the Terrorist Confinement Center in Tecoluca, El Salvador, Wednesday, March 26, 2025. (AP Photo/Alex Brandon)
SUPREME COURT FREEZES ORDER TO RETURN MAN FROM EL SALVADOR PRISON
It's a fight that has also put Boasberg, who is overseeing the Alien Enemies Act case, squarely in the Trump administration's crosshairs as he attempts to determine what due process protections, if any, the administration is legally obligated to provide and how far the courts can go to enforce them.
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DOJ lawyers, who have appealed nearly every decision Boasberg has made in this case so far, can appeal Boasberg's latest order.
Fox News' Jake Gibson and Fox News Digital's Breanne Deppisch contributed to this report.
