Boasberg rules Venezuelan migrants deported to El Salvador can challenge gang allegations

Federal District Court Judge James Boasberg on Wednesday ruled that a group of Venezulan migrants who were deported to a Salvadoran prison by the United States can challenge allegations that they were part of a violent gang.

The group was deported to El Salvador under the 1798 Alien Enemies Act. Boasberg has been overseeing deportation cases under the act since March, and temporarily blocked deportations under the wartime act, which was later overturned by the Supreme Court. 

The judge did not specify the next steps the Trump administration will need to take in order for the Venezeulans to contest the allegations and deportation, but gave the administration one week to outline its plan, per The Hill.

“Perhaps the President lawfully invoked the Alien Enemies Act. Perhaps, moreover, Defendants are correct that Plaintiffs are gang members,” Boasberg wrote. “But — and this is the critical point — there is simply no way to know for sure, as the .... Plaintiffs never had any opportunity to challenge the Government’s say-so.”

The order comes after the Trump administration argued it cannot guarantee the return of migrants sent to the Salvadoran prison. An agreement would need to be reached with Salvdoran President Nayib Bukele.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.