In a landmark ruling, a judge decides that individuals flown to El Salvador under the Alien Enemies Act have the right to contest their expulsion.
LATEST REVELATION: Trump-Era Policy Forces Migrants to Battle Removal Charges
In a landmark decision, Judge James Boasberg has ordered the Trump administration to give hundreds of migrants, swiftly sent to El Salvador's brutal CECOT prison earlier this year, an opportunity to defend their removal under the Alien Enemies Act.
Boasberg's 69-page ruling, issued on June 5, 2025, demands that the administration immediately rectify this blatant constitutional oversight by enabling these individuals to challenge their categorization as "enemy aliens" in U.S. courts[1]. The deadline for the administration to draft a feasible plan is June 11.
Curiously, these men, allegedly linked to the Venezuelan gang Tren de Aragua, were never granted the basic right to contest their deportation before being whisked away to a foreign prison, despite evidence later emerging, disputing the government's accusations[2].
The administrative decision comes just a few hours after it was confirmed that a migrant in a separate case, hastily expelled to Mexico during the Trump era, was reintroduced to the U.S[3].
In 2020, the Supreme Court had decided not to decide whether Trump's deployment of the Alien Enemies Act was valid, only acknowledging that migrants targeted under this law must be permitted to contest their removal through "habeas petitions." Boasberg made it clear that Government's hasty and disregard for these migrants' right to due process could result in their continued confinement in a foreign prison, bereft of basic communication rights[3].
This ruling has far-reaching implications, not only for the hundreds of migrants held in El Salvador but also for those locked away at the military base in Djibouti, Africa, where lawyers have been denied contact with the prisoners[4].
In his ruling, Boasberg was particularly harsh against the administration, pointing out that, given the nature of the information surfacing after the flights, it is merely speculation that the migrants were indeed members of Tren de Aragua[2].
"It is outrageous that the Trump administration has, in a pursuit of political maneuvering, knowingly snatched innocent individuals off the streets, turning them over to foreign authorities without giving them access to legal representation," argued ACLU attorney, Lee Gelernt[5].
Sources:
- Trump administration ending use of Alien Enemies Act to expel migrants
- Investigations reveal many El Salvador deportees had no U.S. convictions
- Trump administration returns migrant hastily deported to Mexico back to the U.S
- Attorneys have had no contact with migrants held at military base in Djibouti, groups tell Supreme Court
- Judge James Boasberg Issues Ruling In Response To Trump Administration's Use Of Alien Enemies Act
- This decision by Judge James Boasberg could significantly impact political discussions and legislative policies related to 'war-and-conflicts', 'crime-and-justice', and 'human rights', as it questions the constitutionality and ethical implications of the administration's implementation of the Alien Enemies Act.
- As the case unfolds, 'general-news' outlets may extensively cover the policy-and-legislation aspects associated with this ruling, particularly the warrants given to migrants to defend their removal charges and the potential consequences for the administration if they fail to adhere to theiv rights to due process.
