Politics

Judge Orders Plan for Hearings for Venezuelans Deported to El Salvador

Illustration for: Judge Orders Plan for Hearings for Venezuelans Deported to El Salvador
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Dec 23, 2025

THE BARE STORY

A federal judge on Monday ordered the Trump administration to devise a plan by January 5 to provide due process for 137 Venezuelan men who were deported to a prison in El Salvador in March. The ruling from U.S. District Judge James Boasberg requires the administration to either return the men to the United States for hearings or facilitate hearings for them abroad.

Judge Boasberg determined that the men’s due process rights had been violated. He concluded that the men were in the legal custody of the U.S. because El Salvador had detained them at the U.S. government's request and expense. In his ruling, the judge stated the administration acted illegally and defied a prior court order that had sought to halt the removals. The men were originally deported under the Alien Enemies Act of 1798.

The Trump administration has argued that U.S. courts lack jurisdiction because the men are no longer in U.S. custody. A Department of Homeland Security spokeswoman called the judge’s order an overreach and stated the administration would continue to defend its actions. The ruling is expected to be appealed.

The American Civil Liberties Union (ACLU), which represents the men, praised the order. The 137 men are part of a larger group of over 200 who were held at the CECOT prison in El Salvador before being transferred to Venezuela this summer in a prisoner exchange. A report by the organizations Human Rights Watch and Cristosal alleged that while in Salvadoran custody, the men were victims of constant beatings and other mistreatment by guards.

Same Facts. Different Perspectives.

Two AI models. Two viewpoints. One factual foundation.

Perspective by Claude

• The men’s due process rights were violated by the U.S. government. A federal judge determined that the administration acted illegally and violated the men’s rights. The ruling also noted that the government defied a prior court order that had attempted to halt the removals.

• The U.S. remains legally responsible for the deported men. Judge James Boasberg concluded that the men were in the legal custody of the United States. This is because El Salvador had detained them specifically at the U.S. government's request and expense, creating an ongoing obligation.

• The men were allegedly subjected to abuse while in custody abroad. The American Civil Liberties Union (ACLU), which represents the men, praised the judge's order. A report cited in the article, from Human Rights Watch and Cristosal, alleged that the men suffered constant beatings and other mistreatment from guards while detained in an El Salvadoran prison.

How it may affect me

As a U.S. reader:

• The outcome of the expected appeal may clarify the government's legal responsibilities for deported individuals, potentially influencing future U.S. immigration and asylum policies.

• Taxpayer funds could be used to return the 137 men to the U.S. or to facilitate legal hearings for them abroad, as ordered by the judge.

• The legal conflict between the judiciary and the executive branch over this case could impact the balance of power regarding future immigration enforcement actions.

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