It will not comply with a federal court order demanding due process for 252 Venezuelan migrants deported to a maximum-security prison in El Salvador last March under the 1798 Alien Enemies Act.
The Justice Department made that position clear in a new filing, setting up a collision course with U.S. District Judge James Boasberg and a near-certain return to the Supreme Court.
The case has emerged as a defining test of judicial power in Trump’s second term, pitting the executive branch’s immigration authority against the federal courts and their ability to enforce constitutional protections for illegal immigrant gang members.
The Venezuelans were flown to El Salvador in March 2025 despite an emergency order from Boasberg instructing the administration to halt the deportations and turn the planes around mid-flight. That decision triggered an eleven-month legal battle that reached the Supreme Court in April after months of wrangling in the lower courts.
The justices ruled in the government’s favor on its authority to invoke the Alien Enemies Act, but Boasberg, an Obama appointee, doubled down in December, issuing another order directing the government to “facilitate” due process for the migrants who had already been deported. He presented two options: bring the men back to the United States for in-person hearings or facilitate hearings abroad that meet constitutional standards.
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