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Guards escort the inmates at CECOT, March 16, 2025 in Tecoluca, El Salvador.

Judge orders Trump administration a Plan to Bring Back Migrants Sent to El Salvador Prison. Kathy Moore.

A major legal setback for the Trump administration on immigration enforcement. A federal judge has ordered the government to submit a plan to either bring back or provide due-process hearings for hundreds of migrants who were deported to a notorious prison in El Salvador under a rarely used wartime law.

U.S. District Judge James Boasberg ruled Monday that the Trump administration must outline how it will allow more than 200 migrants deported to El Salvador’s CECOT mega-prison to challenge their removal. The judge certified a class covering all migrants sent to the facility and gave the government until January 5 to submit its plan.

The deportations stem from the administration’s March decision to invoke the Alien Enemies Act, an 18th-century law that allows for the removal of noncitizens during wartime with limited procedural protections. The administration argued that members of the Venezuelan gang Tren de Aragua constituted a hostile force—describing the group as a “hybrid criminal state” allegedly invading the United States.

Using that authority, two planes carrying alleged gang members were flown to El Salvador’s maximum-security prison. Judge Boasberg attempted to halt the removals with a temporary restraining order, directing the planes to turn around. However, Justice Department attorneys later argued that the judge’s oral instructions were not legally binding, and the deportations went forward.

The court later considered holding the government in contempt for defying that order, but earlier this month, a federal appeals court temporarily blocked those proceedings. In July, the deported migrants were transferred from El Salvador to Venezuela as part of a prisoner exchange.

Despite that transfer, Judge Boasberg ruled that the United States retained what he called “constructive custody” over the men while they were imprisoned. He found that their constitutional rights were violated when they were labeled as gang members under the Alien Enemies Act without notice or a chance to contest the claims.

In his ruling, the judge wrote that the migrants were removed “with virtually no notice and no opportunity to contest the bases of their removal,” calling it a clear violation of due process. He also sided with attorneys who argued that El Salvador detained the men at the request of the United States, in part in exchange for $4.7 million.

The ruling now opens the door for all affected migrants to challenge their designation as “alien enemies.” Judge Boasberg ordered the government to propose ways to provide a meaningful opportunity for hearings—either by facilitating the migrants’ return to the United States or by conducting legally sufficient hearings without physically returning them.

Civil liberties advocates welcomed the decision.

LEE GERLENT, ACLU ATTORNEY (PARAPHRASED): “These men suffered severe abuse and were denied basic legal rights. This ruling ensures they will finally receive the due process they were owed.”

Among those deported was Jerce Reyes Barrios, a professional soccer player and youth coach. His attorney had submitted sworn statements asserting he had no criminal record in either Venezuela or the United States. Reyes Barrios told ABC News the judge’s decision came as a shock but said he is still grappling with the trauma of his detention.

Now back in Venezuela, Reyes Barrios says he remains haunted by his time in the El Salvador prison, describing recurring nightmares and emotional distress. While the ruling could allow him to return to the U.S., he says he is not yet ready to pursue that option.

His attorney says Reyes Barrios may have been falsely identified as a gang member because of his tattoos—one depicting a crown above a soccer ball with a rosary and the word “God,” which he says was inspired by the Real Madrid logo.

The Trump administration has not yet said how it plans to comply with the judge’s order. But the decision marks a significant moment in the legal battle over the use of the Alien Enemies Act—and raises new questions about due process, executive power, and immigration enforcement.

We will continue to follow this developing story.

Reporting by Kathy Moore.

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