A judge ruled Thursday the Trump administration must return a group of Venezuelan migrants who were deported to a maximum-security prison in El Salvador last year, if they want to come back.
Chief U.S. District Judge James Boasberg of the District of Columbia ruled in favor of the 137 Venezuelans who were deported to the infamous CECOT prison in El Salvador, after the Trump administration invoked the Alien Enemies Act, claiming they were members of the Tren de Aragua gang.
"It is worth emphasizing that this situation would never have arisen had the Government simply afforded Plaintiffs their constitutional rights before initially deporting them," Boasberg, an Obama appointee, wrote.
For the migrants not sent back to Venezuela, Boasberg ruled the government must pay to fly them back to the U.S. or accept them at a U.S. port of entry.
If any of the migrants did return to the U.S., they would be immediately detained as part of their immigration case.
Boasberg acknowledged in his ruling that only a small number would probably want to return to the United States.
The government must file a report next month informing the court as to the feasibility of returning plaintiffs still in Venezuela to the United States.
In December, Boasberg ruled Venezuelans who were deported to El Salvador because they were accused of being gang members must be allowed to return to the United States to fight their case.
Many of those deported had been seeking asylum in the United States, saying they felt unsafe in Venezuela because they oppose leader Nicolas Maduro.
Boasberg's rulings have frequently earned the ire of the Trump administration.
Last month, a federal appeals court judge dismissed a judicial misconduct complaint by the Justice Department against him.
Attorney General Pam Bondi took the rare step in July of announcing the complaint against Boasberg alleging he made improper comments about President Donald Trump during a meeting of the judiciary's policymaking body, the Judicial Conference.
Bondi announced the complaint days after Boasberg said he might initiate disciplinary proceedings against Justice Department lawyers for their conduct in a lawsuit brought by Venezuelans challenging their removal to a Salvadoran prison.
Rep. Brandon Gill, R-Texas, previously introduced impeachment articles against Boasberg after he ordered flights deporting more than 250 illegal immigrants believed to be members of the Venezuelan gang Tren de Aragua deported, then directed that the flights be halted and the migrants returned to the U.S.
Reuters contributed to this report.
Sam Barron ✉
Sam Barron has almost two decades of experience covering a wide range of topics including politics, crime and business.
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