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Judge Boasberg orders return of Venezuelan men deported under Alien Enemies Act

Judge Boasberg mandates the U.S. government to fund travel for Venezuelan migrants deported in violation of due process, enabling their return from third countries for legal proceedings.

  • On Thursday, U.S. District Judge James Boasberg ordered the Trump administration to facilitate return of Venezuelan migrants deported to El Salvador's CECOT prison, citing flagrant due-process violations and refusal of remedies.
  • The administration invoked the Alien Enemies Act last March to remove two planeloads of alleged gang members, defying an order to turn planes with more than 200 Venezuelans aboard.
  • Boasberg ordered logistical steps and specific timelines, giving lawyers for the Venezuelan men until Feb. 27 to identify travelers and requiring a March 13 report on transport plans.
  • Returned individuals could be held in immigration custody and face re-deportation, while the ruling permits Venezuelans to file habeas pleadings from abroad to challenge their designation or prove nonmembership in Tren de Aragua.
  • Because of foreign-affairs concerns, Boasberg declined to apply his return order to those remaining in Venezuela after Nicolas Maduro's removal last month and asked about feasibility of returns.
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The New Republic broke the news in on Thursday, February 12, 2026.
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