A federal judge, James E. Boasberg, is pushing the Trump administration to disclose more details about the detention of approximately 200 Venezuelan immigrants at a prison in El Salvador. These men were deported in March of 2025 under the Alien Enemies Act of 1798, a wartime law, without court hearings. Boasberg is trying to determine whether the U.S. retains “constructive custody” over the men, which could compel their return if ordered by the court.
The deportation occurred despite a previous order from Boasberg to delay removals. Since then, the Supreme Court and several federal judges have ruled that deportations under the Alien Enemies Act require court proceedings, and that the gang cited as justification does not meet the criteria of having invaded the U.S.
The administration has not disclosed the full terms of its agreement with El Salvador, though reports mention a $20 million payment. Government attorney Abishek Kambli argued El Salvador has final control over the detainees and could deny a U.S. request for their return.
Boasberg retains jurisdiction over parts of the case and is also considering whether to hold the government in contempt for ignoring his earlier ruling. He may ultimately order that the immigrants be given due process, potentially by returning them to the U.S. or transferring them to a facility under full U.S. control.
Reference:
Kunzelman, Michael. Riccardi, Nicholas. “Judge seeks more information from Trump administration about prison deal with El Salvador” AP. May 7, 2025.
