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james boasberg
Judge Rules Trump Admin Must Give Due Process to Venezuelans Sent to El Salvador Torture Prison
"This ruling makes clear the government can't just send people off to a brutal foreign prison with zero due process and simply walk away," said an ACLU lawyer representing the men.
Dec 23, 2025
A federal judge has ruled that the Trump administration acted illegally when it deported over 200 Venezuelan nationals to a notorious prison in El Salvador without due process earlier this year.
On Monday, Judge James Boasberg of the US District Court for the District of Columbia ordered the Trump administration to submit plans by January 5 for 137 men to contest their designation under the Alien Enemies Act of 1798, which allows foreign nationals from "hostile" nations to be removed without hearings.
In March, Trump invoked the Alien Enemies Act to deport two planeloads of Venezuelan nationals to El Salvador without any explanation or court hearing. They were sent to a mega-prison known as the Terrorism Confinement Center, or CECOT, which is known to subject inmates to torture and severe deprivation, with zero contact with the outside world.
The administration claimed the men were members of the Venezuelan gang Tren de Aragua, which the administration referred to as a "hybrid criminal state" invading the United States. In reality, only a few dozen of the 238 men sent to CECOT had any criminal charges against them. As part of the US Immigration and Customs Enforcement's (ICE) efforts to fast-track their deportations, many were rounded up based solely on the fact that they had tattoos.
“Plaintiffs should not have been removed in the manner that they were, with virtually no notice and no opportunity to contest the bases of their removal, in clear contravention of their due-process rights,” Boasberg wrote.
Boasberg is the same judge who launched criminal contempt proceedings against the Trump administration in April for "willful disregard" of his order to stop the flights to El Salvador. A pair of Trump-appointed judges later halted those proceedings.
In a "60 Minutes" special that was recently spiked by CBS News' Trump-friendly editor-in-chief, Bari Weiss, several inmates testified to the conditions they were subject to inside CECOT.
"The first thing they told us was that we would never see the light of day or night again," said college student Luis Muñoz Pinto, who came to the US from Venezuela in 2024 through the legal asylum process. He said the CECOT director told prisoners, "Welcome to hell. I'll make sure you never leave."
According to a report published by Human Rights Watch in November, inmates were beaten daily, subject to sexual violence by guards, deprived of basic food, medical treatment, and hygiene, and forced to participate in degrading torture rituals.
Pinto, who now lives in Colombia, has no criminal record. "I never even got a traffic ticket," he said.
While the Trump administration claimed it no longer had jurisdiction over the prisoners once they were in El Salvador, and therefore could not follow court orders to bring them back to the US, this was belied by filings from the government of the far-right Salvadoran President Nayib Bukele at the United Nations, which stated that "the jurisdiction and legal responsibility for these persons lie exclusively" with the US.
The men detained at CECOT were then transferred, mainly to Venezuela, in July as part of a prisoner exchange for 10 US nationals.
Boasberg says the US government "maintained constructive custody" of the men while they were interned in CECOT and that it violated their rights to due process by not allowing them to contest the accusations that they were gang members.
He said the Trump administration must give them a "meaningful opportunity to contest their designation," by allowing them to return to the US for a court hearing. He said the government "could also theoretically offer plaintiffs a hearing without returning them to the United States so long as such a hearing satisfied the requirements of due process."
"This ruling makes clear the government can't just send people off to a brutal foreign prison with zero due process and simply walk away," said Lee Gelernt, an attorney for the ACLU, who served as lead counsel for the plaintiffs.
The Trump administration will almost certainly appeal the ruling. And while many of the former CECOT inmates may seek to return for their day in court, some say the experience has left them traumatized and fearful of returning to the United States.
Jerce Reyes Barrios, a professional soccer player and youth coach, returned to Venezuela after being released in July. According to his attorney, he was falsely accused due to a tattoo that the government claimed was a gang symbol, but was actually based on the Real Madrid soccer logo.
"I've focused my time on taking care of my daughters, coaching young kids, all to avoid those thoughts. At night, I sometimes have nightmares, and I feel like I'm still in CECOT," Reyes Barrios told ABC News. "At this moment, I'm not ready to decide if I want to fight this case."
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Trump-Appointed Judges Quash Contempt of Court Case Against White House
Judge Cornelia Pillard, who was appointed by former President Barack Obama, dissented and described the other two judges' ruling as a "grave disservice."
Aug 08, 2025
Two judges appointed by U.S. President Donald Trump on Friday at least temporarily shut down a bid by U.S. District Judge James Boasberg to potentially hold members of the Trump administration in contempt of court.
Politico reported that the U.S. Court of Appeals for the D.C. Circuit voted in a 2-1 ruling to quash contempt proceedings that Boasberg initiated against the Trump administration after he found there was probable cause to believe officials had defied his orders by sending 130 Venezuelan immigrants to be detained at El Salvador's Terrorism Confinement Center.
Judges Gregory Katsas and Neomi Rao, both of whom were appointed by Trump, ruled in favor of shutting down the hearings. Judge Cornelia Pillard, who was appointed by former President Barack Obama, dissented and described the other two judges' ruling as a "grave disservice" to Boasberg.
Politico noted that the ruling does not totally shut the door on Boasberg holding administration officials in contempt.
Among other things, the full 11-member bench of the D.C. Circuit could decide to take up the case and overrule the three-judge panel. Additionally, Judge Rao stopped short of saying that her ruling completely foreclosed upon the possibility that Boasberg could initiate criminal contempt proceedings against members of the administration.
In an interview with Politico, ACLU attorney Lee Gelernt signaled that an appeal of some kind was forthcoming.
"We strongly disagree with the ruling and are considering all options going forward," Gelernt said. "The opinion brushes aside the considerable evidence that has emerged that DOJ's lawyers understood the order at the time and simply ignored it."
The possible contempt of court charges stemmed from a ruling that Boasberg delivered back in March demanding that the administration halt and return the group of Venezuelan immigrants who were sent to El Salvador. The men were sent to the prison regardless and administration officials argued that they had no jurisdiction to order their return because the plane they were on had already left American airspace at the time of Boasberg's ruling.
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DOJ Targets Federal Judge for Warning Trump Could Spark 'Constitutional Crisis'
Judge James Boasberg reportedly raised concerns that the Trump administration "would disregard rulings of federal courts," something the White House has done repeatedly.
Jul 29, 2025
The Trump Justice Department on Monday filed a misconduct complaint against a federal judge for warning in early March that the president could spark a "constitutional crisis" by defying court orders—a concern that was swiftly validated.
The complaint against James Boasberg, chief judge of the U.S. District Court for the District of Columbia, was announced by Attorney General Pam Bondi, who alleged on social media that Boasberg made "improper public comments" about President Donald Trump and his administration.
During a March gathering of the Judicial Conference—the federal judiciary's policymaking body—Boasberg reportedly raised colleagues' fears that "the administration would disregard rulings of federal courts leading to a constitutional crisis."
John Roberts, the chief justice of the U.S. Supreme Court, "expressed hope that would not happen and in turn no constitutional crisis would materialize," according to a memo obtained by The Federalist, a right-wing publication.
Days after the Judicial Conference gathering, the Trump administration ignored Boasberg's order to turn around deportation flights, prompting an ACLU attorney to warn, "I think we're getting very close" to a constitutional crisis.
Boasberg, an Obama appointee, later said there was probable cause to hold the Trump administration in contempt of court, concluding that the evidence demonstrated "a willful disregard" for the judge's order.
Boasberg's rulings against the Trump administration in the high-profile deportation case stemming from the president's invocation of the Alien Enemies Act have made the judge a target of the White House and its allies. Trump and some congressional Republicans have demanded that Boasberg be impeached.
Politico reported Monday that the Justice Department's complaint against Boasberg was signed by Chad Mizelle, Bondi's chief of staff.
"Mizelle argued that Boasberg's views expressed at the conference violated the 'presumption of regularity' that courts typically afford to the executive branch," Politico noted. "And the Bondi aide said that the administration has followed all court orders, though several lower courts have found that the administration defied their commands."
A Washington Post analysis published last week estimated that Trump officials have been accused of violating court orders in "a third of the more than 160 lawsuits against the administration."
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