Judge Rules Trump Administration Must Afford Due Process to Venezuelan Deportees

A federal judge ruled that the Trump administration must allow over 100 Venezuelan men deported to El Salvador to contest their removal, citing violations of their due process rights. Judge James Boasberg expressed concerns about the legal justification for the deportations under the Alien Enemies Act, challenging the administration’s claims regarding the deportees’ criminal backgrounds. The Justice Department has one week to outline how it will proceed with the case.

In a significant ruling, a federal judge in Washington, D.C., has mandated that the Trump administration provide due process to over 100 Venezuelan men who were deported to a maximum-security prison in El Salvador earlier this year. This decision comes after a long legal struggle concerning the deportees’ treatment under the 1798 Alien Enemies Act.

U.S. District Judge James Boasberg criticized the administration for its handling of the deportation, noting that the 137 men sent to El Salvador on March 15 were “plainly deprived” of their rights to due process. The Trump administration has maintained that this historic law permits the immediate deportation of Venezuelans labeled as gang members, but several federal judges have dismissed this argument.

Boasberg’s ruling described the deportations as having “improperly withheld” fundamental rights. He ordered the Justice Department to clarify within a week how it would ensure that the deportees could challenge their removal. This ruling reaffirms their constitutional right to seek relief through habeas corpus, a crucial step for individuals contesting their detention.

The Justice Department did not respond to inquiries for comment immediately following the ruling. Boasberg emphasized that the deportees, collectively known as CECOT Class members, were wrongfully denied notice and opportunity to contest their removal. He specified that their cases should be treated as if they had never been deported at all.

However, Boasberg clarified limitations to his authority, stating he lacks jurisdiction over men still in state or federal custody under the Alien Enemies Act. The American Civil Liberties Union (ACLU) had sought relief not just for those already deported but for those still under custody as well.

The Trump administration has characterized these Venezuelan deportees as dangerous criminals affiliated with the Tren de Aragua gang, a designation which the President has termed a wartime enemy. Contrarily, investigations by “60 Minutes” and CBS News revealed that a substantial number of these individuals do not have any known criminal records.

Among those detained at El Salvador’s Terrorism Confinement Center is Andry Romero Hernandez, a gay makeup artist who, according to reports, was photographed expressing distress upon arrival at the facility. Boasberg noted the surprising revelation that many men held at CECOT do not appear to have ties to criminal organizations, raising serious questions about their detainment.

ACLU attorney Lee Gelernt commented on the ruling, reiterating that the government cannot evade accountability for constitutional violations against these men. The March 15 deportation flight that incited this legal battle saw approximately 240 Venezuelans sent to El Salvador, including around two dozen Salvadorans linked to gang activities.

Feeding into the controversy, Boasberg had previously blocked deportations under the Alien Enemies Act earlier this year, following an ACLU challenge aimed at preventing such removals under a law that has existed for over two centuries. While a Supreme Court ruling in April allowed deportations to resume under the Alien Enemies Act, it insisted that individuals facing removal should receive at least minimal due process rights.

Despite ongoing litigation, the Trump administration has maintained that it does not have custody over the deportees since they are technically in the hands of the Salvadoran government. President Trump and his allies have voiced consistent critiques of Boasberg regarding his decisions on these cases linked to the Alien Enemies Act.

In summary, Judge James Boasberg’s ruling emphasizes the importance of due process for the Venezuelan men deported to El Salvador under controversial circumstances. Although the Trump administration insists they were deported for gang affiliations, evidence suggests otherwise. The ongoing legal battle continues to unfold, with broader implications for the treatment of immigrants and the use of outdated laws like the Alien Enemies Act.

Original Source: www.cbsnews.com

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