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Federal Judge Casts Doubt on Trump Arguments in Venezuelan Migrants Case

The New York Times's profile
The New York Times
May 8
Federal Judge Casts Doubt on Trump Arguments in Venezuelan Migrants Case

Context:

A federal judge has expressed doubts about the Trump administration's justification for not seeking the return of Venezuelan immigrants deported to El Salvador. The judge, James E. Boasberg, questioned the government's role in the detention of these immigrants, who were sent to a prison in El Salvador under an alleged agreement with the Salvadoran government. Despite the American Civil Liberties Union's efforts to stop the use of the Alien Enemies Act for such deportations, around 140 Venezuelans remain in Salvadoran custody. During the hearing, the judge challenged the Justice Department's claims that U.S. courts have no authority over the issue once the immigrants were deported. Judge Boasberg has deferred a decision on the Venezuelans' return, instead ordering the government to provide more details on its arrangements with El Salvador.

Dive Deeper:

  • Judge James E. Boasberg showed skepticism towards the Trump administration's rationalization for not retrieving Venezuelan immigrants deported to El Salvador, questioning the legitimacy of an agreement allegedly made with the Salvadoran government.

  • The hearing in Washington scrutinized the administration's involvement in the detainment of these immigrants in a Salvadoran prison, with the ACLU arguing that their deportation was unlawful and lacked due process.

  • The use of the Alien Enemies Act, a historical wartime law, to deport Venezuelans suspected of gang affiliation to a terrorism prison in El Salvador has been challenged by several court orders obtained by the ACLU.

  • Despite these legal efforts, about 140 Venezuelan immigrants remain in Salvadoran custody, as the Trump administration claims that they fall beyond the jurisdiction of U.S. courts once deported.

  • A statement by President Trump indicating his ability to secure the release of a wrongfully deported Salvadoran man was questioned, with the Justice Department acknowledging that such authority ultimately rests with the Salvadoran government.

  • Judge Boasberg noted inconsistencies in public statements made by Trump officials and called for the government to provide further documentation and responses about its dealings with El Salvador regarding the deported migrants.

  • The judge postponed ruling on whether the Venezuelan immigrants should be returned, focusing instead on obtaining more transparency from the government on the deportation agreement with El Salvador.

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