A federal judge has ruled that Venezuelan men previously sent to a high-security prison in El Salvador can return to the United States for immigration proceedings if they wish.
Court Decision and Background
U.S. District Judge James Boasberg directed the Trump administration to allow entry for more than 130 Venezuelan men who spent four months at the Terrorism Confinement Center (CECOT). He said this situation could have been avoided if the government had respected their constitutional rights before deporting them.
The men were returned from El Salvador to Venezuela in July as part of a prisoner swap. Many reported suffering physical and psychological abuse during their time at CECOT. Boasberg noted that only a small number of men might choose to return. ACLU attorney Lee Gelernt, representing the plaintiffs, said only a handful may accept the offer.
Government Responsibilities
The judge also ordered the government to provide boarding letters for any plaintiffs in third countries. This ensures they can travel to the U.S. at government expense. “It is unclear why Plaintiffs should bear the financial cost of their return,” Boasberg wrote.
Anyone who returns will be detained while their immigration cases proceed. The government must submit a status report by March 13. It should detail the feasibility of returning those still in Venezuela and the steps taken to obtain passports or identification.
Legal Context
Earlier, Boasberg ruled that the Trump administration should not have sent the men to CECOT under the Alien Enemies Act. The law was used after declaring the Venezuelan gang Tren de Aragua a foreign threat. At the time, Boasberg blocked the deportations. He ordered any flights carrying these migrants to return to the U.S.
The Trump administration argued the law allowed rapid detention of gang members. Officials cited alleged involvement in “mass illegal migration” and threats to U.S. citizens. However, the men and their families denied ties to gangs. They said authorities targeted them for tattoos common in Venezuela.
Investigation Findings
A New York Times investigation found that most men sent to CECOT had no criminal records in the U.S. or region. Of the over 200 men detained, only 32 faced serious charges or convictions. Very few had documented links to Tren de Aragua.
Several men reported physical and psychological torture during imprisonment. One even alleged sexual assault while detained.
Implications
The ruling allows the men to pursue their immigration cases with proper legal oversight. It also highlights due process concerns and treatment of detainees under the previous administration.
