Appeals court weighs order to return Venezuelan migrants deported to El Salvador
A D.C. Circuit panel heard arguments over whether a federal judge exceeded his authority by ordering the government to facilitate the return of more than 200 Venezuelan men deported to El Salvador. The men had been sent to a Salvadoran mega-prison and later released to Venezuela. The panel appeared likely to side with the Trump administration.
A three-judge D.C. Circuit panel reviewed a government appeal of Chief Judge James Boasberg’s February order. The panel appeared likely to side with the Trump administration. The dispute concerns over 200 Venezuelan men removed to El Salvador’s CECOT prison in March 2025 after being labeled Tren de Aragua members under the Alien Enemies Act; they were later freed to Venezuela.
Boasberg’s order would let them contest those designations through supplemental habeas petitions, join virtual hearings, and potentially resume asylum cases if they return to U.S. immigration custody. ACLU attorney Lee Gelernt defended the order, while Judge A. Raymond Randolph observed that habeas relief typically means release from custody, which already occurred.
The outcome may shape how quickly courts can review removals made under the Alien Enemies Act. If the appeals panel backs the government, migrants designated under that law could face greater difficulty challenging removal from abroad, while officials may gain latitude in similar cases. A ruling for the migrants could preserve access to habeas review and asylum processes, affecting detainees, their families, and communities awaiting reunification.