Judge Gives Government Two Weeks To Provide Due-Process Hearings For Venezuelans Sent To El Salvador

U.S. District Judge James Boasberg has ordered the Trump administration to submit, within two weeks, a plan explaining how it will provide due-process hearings to hundreds of Venezuelan nationals who were flown to El Salvador in March without an opportunity to challenge their removals.

The legal requirement is straightforward, but carrying it out is complicated because many of the men have since returned to Venezuela after being held at El Salvador’s Terrorism Confinement Center (CECOT) — the facility at the center of a widely discussed but ultimately unaired "60 Minutes" segment. Judge Boasberg, an Obama appointee, outlined several options the government may pursue to satisfy its obligations.

Boasberg did not insist the administration must repatriate the men (a remedy ordered in a prior case involving Kilmar Abrego Garcia), but he identified return as one acceptable approach. He also permitted the government to offer hearings without bringing the individuals back to the United States, provided those proceedings meet due-process standards.

TECOLUCA, EL SALVADOR - DECEMBER 15: Accused gang members wait for a medical exam at CECOT (Counter Terrorism Confinement Center) on December 15, 2025 in Tecoluca, El Salvador. CECOT gained notoriety in 2025 when the Trump administration began its controversial policy of deporting people to El Salvador who they claimed were members of the Venezuelan criminal organization Tren De Aragua, and Mara Salvatrucha (MS-13), a gang whose members are historically Salvadoran. In 2023 El Salvador opened Latin America's largest prison as part of President Nayib Bukele's plan to fight gangs. The government says some 20,000 gang members are being held at the mega-prison, which has a capacity of 40,000. (Photo by John Moore/Getty Images)(John Moore / Getty Images)

"On the merits, the Court concludes that this class was denied their due-process rights and will thus require the Government to facilitate their ability to obtain such hearing. Our law requires no less."

The judge rejected the government's argument that the case is moot, noting continuing harms from President Donald Trump’s use of the Alien Enemies Act to designate the men as alleged members of the Tren de Aragua gang. That proclamation imposes significant restrictions, including bars on U.S. entry and residence and exposure to property seizure and forfeiture; a successful legal challenge could remedy those ongoing injuries.

Boasberg’s latest order comes amid related litigation. He had been preparing a criminal-contempt inquiry into officials accused of violating his prior order not to relinquish physical custody of the Venezuelans in El Salvador. That contempt proceeding was paused when an appellate panel — with two Trump appointees in the majority — placed the inquiry on hold while it considers the administration’s appeal.

Although the contempt issue is legally distinct from the current due-process order, the government's prior resistance to court directives makes immediate compliance uncertain. The judge’s two-week deadline requires the government to present a concrete proposal for how it will ensure affected individuals can meaningfully challenge their removals and the Alien Enemies Act designation.

What Comes Next: The government must submit its plan within two weeks. Possible options include facilitating returns to the United States for in-person hearings or arranging remote or overseas hearings that fully satisfy due-process requirements. The court will then evaluate whether the proposed procedures are sufficient to protect the class's rights.