Court rules migrants sent to El Salvador prison must get due process

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WASHINGTON - A federal judge in Washington, D.C., has ordered the Trump administration to provide a legal process for migrants deported to El Salvador under the Alien Enemies Act of 1798, complicating one of the White House’s most aggressive immigration strategies.

Chief U.S. District Judge James Boasberg ruled Wednesday that more than 100 deportees being held in El Salvador’s Terrorism Confinement Center must be given a way to challenge both their deportations and accusations that they are part of the Venezuelan gang Tren de Aragua.

The ruling follows months of legal fights over the administration’s controversial use of wartime powers to bypass standard immigration procedures—and may now force the government to rethink how it applies that law.

What is the Alien Enemies Act, and how is Trump using it?

The backstory:

Trump invoked the Alien Enemies Act (AEA) in March to expedite deportations of suspected gang members, arguing that Tren de Aragua is operating as a proxy for Venezuela’s government. The law, originally passed in 1798, has only been used a few times in U.S. history—during the War of 1812 and the two World Wars.

Under the AEA, the administration sent planeloads of detainees to El Salvador in an effort to remove them from U.S. court jurisdiction. Judge Boasberg previously ordered one of those planes turned around. The administration ignored that order, prompting contempt findings.

In his latest ruling, Boasberg said migrants were "plainly deprived" of due process and must now be allowed to challenge their designation as enemy aliens—even if they’re already imprisoned abroad.

What does this ruling mean for Trump’s deportation policy?

Big picture view:

The decision adds a major legal hurdle to the Trump administration’s attempt to bypass immigration courts by using wartime powers. While the Supreme Court has upheld the right of detainees to challenge their AEA designations, this case extends that principle to migrants who have already been deported.

It also underscores the judiciary’s growing skepticism of using the Alien Enemies Act to target non-state actors like gangs, rather than enemy governments. Several judges across the country have blocked deportations under the AEA in recent weeks, citing due process violations and limits on the law’s intended scope.

Trump admin offers $1,000 to migrants who self deport

The Trump administration says it is going to pay immigrants in the United States illegally who’ve returned to their home country voluntarily $1,000 as it pushes forward with its mass deportation agenda. The Department of Homeland Security said in a news release Monday that it’s also paying for travel assistance and that those people who use an app called CBP Home to tell the government that they plan to return home will be "deprioritized" for detention and removal by immigration enforcement.

Though deportations under other immigration laws continue, the ruling forces Trump’s legal team to retool its approach—especially as the Supreme Court is likely to weigh in on whether criminal gangs qualify as "enemies" under the AEA.

What’s happening to the deported migrants in El Salvador?

Dig deeper:

At least 137 migrants are currently being held at El Salvador’s Terrorism Confinement Center, a facility known for housing alleged gang members under President Nayib Bukele’s crackdown. Judge Boasberg cited "significant evidence" that many of the deportees have no gang affiliations, calling some accusations "flimsy" or "frivolous."

The ruling now requires the U.S. government to establish a way for these individuals—still technically in El Salvadoran custody—to file legal challenges from abroad. Boasberg gave the administration one week to comply.

He also referenced another case in which a Maryland man was wrongfully deported under similar circumstances and has yet to be returned, despite orders from multiple courts.

What they're saying:

"This is a significant step forward to getting these men the chance to show that they should not ever have been removed under a wartime authority," ACLU attorney Lee Gelernt told reporters after the ruling.

Trump, meanwhile, defended the mass deportations on his Truth Social platform: "We cannot give everyone a trial!" The comment came after the Supreme Court intervened for a second time to pause deportations from parts of Texas.

Boasberg acknowledged the administration’s latest sealed filings but noted that the government’s past conduct made their claims "more difficult to believe."