Context:

During a hearing, US District Judge James Boasberg questioned the Justice Department about President Trump's claim that he could facilitate the return of migrants deported to a Salvadoran prison, highlighting a need for further investigation into whether the US retains custody over these individuals. The case involves Trump's use of the Alien Enemies Act and includes the example of Kilmar Abrego Garcia, deported under different circumstances and now being used as a point of reference. Boasberg expressed skepticism about the US's lack of control over the migrants, suggesting that there might be a case for 'constructive custody,' and requested the Trump administration provide evidence supporting their position by a specified deadline. The judge also allowed for limited additional fact-finding by the migrants' lawyers to aid in his ruling on the custody issue. An order detailing the next steps in the process was expected to be issued soon after the hearing.

Dive Deeper:

• US District Judge James Boasberg is exploring the legal boundaries of President Trump's assertion that he can bring back migrants deported to a Salvadoran super prison, focusing on whether the US still holds custody over these individuals.

• The hearing included references to Kilmar Abrego Garcia, who was wrongly deported under a separate authority, as a test case to challenge Trump's application of the Alien Enemies Act, which grants sweeping wartime powers.

• Judge Boasberg expressed his doubts about the US's claim of not having custody over the deported migrants, indicating that there might be a basis to argue for 'constructive custody' despite their physical presence in a Salvadoran prison.

• The Justice Department's attorney faced pressure from Boasberg to clarify President Trump's claims about his influence over El Salvador, but the attorney deflected by suggesting the control ultimately lies with the Salvadoran authorities.

• Boasberg mandated that the Trump administration submit documentation reinforcing their stance regarding custody by a set deadline, while also permitting the migrants' legal representatives to conduct a focused inquiry to gather additional evidence.

• The judge indicated that a follow-up order would soon be released, outlining further procedural steps and clarifying the scope of the inquiry permitted to establish the US's role in the detention of the migrants.

• The decision on whether the deported migrants could be returned to the US hinges on the outcome of this inquiry and the evidence presented by both parties regarding the control and custody issue.