Hundreds of Venezuelans who were deported from the U.S. to El Salvador — then later returned to Venezuela — are asking U.S. authorities to comply with a federal court ruling that allows them to challenge their removals in U.S. courts. Judge James Boasberg found the March deportations violated due process and ordered the administration to present a plan within two weeks to facilitate the deportees' return. The group, represented by Ysqueibel Peñaloza, is calling on both U.S. and Salvadoran governments to enforce the court order and ensure access to hearings. Human rights organizations and relatives have criticized the use of the 1798 Alien Enemies Act and the lack of standard immigration procedures.
Venezuelans Deported To El Salvador Urge U.S. To Enforce Court Order Letting Them Challenge Removals
Venezuelans who where imprisoned in El Salvador's CECOT mega-prison give statements to the press, in Caracas, Venezuela, December 26. - Gaby Oraa/Reuters
A group of Venezuelans who say they were deported from the United States to a maximum-security prison in El Salvador and later returned to Venezuela are pressing U.S. authorities to comply with a federal court order that would let them challenge their removals in U.S. courts.
Judge Faults Deportations, Orders Return Plan
U.S. District Judge James Boasberg ruled this week that the Trump administration must promptly arrange for the return of the hundreds of Venezuelans who were sent to El Salvador, finding the expulsions violated their due process rights. The court gave the administration two weeks to present a plan to facilitate the return so the deportees can seek hearings in U.S. immigration courts.
"The court ruling now orders that we be granted the opportunity for a fair hearing in accordance with the law in the United States," said Ysqueibel Peñaloza, a former detainee, speaking on behalf of about 252 former prisoners.
Peñaloza called on both U.S. and Salvadoran authorities to fully comply with the court order and to create conditions that will allow the deportees to participate in U.S.-based hearings. He also appealed for national and international assistance to help mount their legal defenses, though he did not specify the exact forms of aid requested.
How the Deportations Happened
The group were deported in March after the administration invoked the 1798 Alien Enemies Act — a rarely used wartime statute — to remove individuals characterized as members of the Tren de Aragua gang. Authorities carried out the removals without customary immigration hearings or standard procedural safeguards.
Family members and lawyers have denied that many of the men had ties to gangs and criticized the government for keeping families uninformed about the detainees' whereabouts. Human rights groups sharply criticized the expulsions and filed legal challenges that culminated in this federal court ruling.
The judge's order does not immediately return the deportees to the United States; rather, it requires the administration to submit a practicable plan within two weeks to allow them to return and seek judicial review of their deportations. The litigation and diplomatic coordination that follow will determine how and when that plan can be implemented.
