This Thursday, February 12, a federal judge ordered the Government of Donald Trump to facilitate the return of more than a hundred Venezuelans sent to the Salvadoran megaprison Cecot in early 2025.
First modification: 02/12/2026 - 21:53
A US federal judge ordered that 137 Venezuelans deported to El Salvador by the Donald Trump Administration in early 2025 be returned to the United States.
The men, who were detained by immigration agents, were held for nearly four months in the Terrorism Confinement Center (Cecot). They were then sent back to Venezuela in July as part of a prisoner exchange between both countries.
Judge James Boasberg issued a resolution demanding that the return of Venezuelan migrants be facilitated. The resolution establishes that the return can be carried out independently or on flights to a US port of entry. In this way, the document states, the migrants would once again be in the custody of immigration authorities while their cases are reviewed.
According to Boasberg, the Trump Administration “clearly deprived” Venezuelan migrants of the right to be notified and the option to appeal their expulsion.
Judge Boasberg, harshly criticized by Trump, highlighted in his measure that "this situation would never have arisen" if the Government had simply recognized their constitutional rights before deporting them.
The court order indicates that the United States Government must pay for air tickets and provide the necessary documentation to facilitate the trip to those who decide to return.
It also maintains that Venezuelans eligible to return to the United States will be taken into custody upon arrival in the country, after they were sent to Venezuela in July as part of a prisoner exchange between both governments.
Last December Boasberg had already ruled that the Trump Administration denied due process to this group of Venezuelans and should give them the opportunity to have a hearing.
Read alsoVenezuelans sent to CECOT ask for guarantees to challenge their deportation from the US.
The magistrate also endorsed a lawsuit that paves the way for all migrants sent to Cecot to challenge their designation as "enemy aliens" of the United States.
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To expel these Latin Americans, Trump invoked the Alien Enemies Act of 1798, used in times of war. With this he sent them to El Salvador after accusing them, without evidence, that they belonged to the Tren de Aragua criminal gang.
The lawsuit was filed by the American Civil Liberties Union (ACLU) and Democracy Forward, which argued that the deportation was illegal and that El Salvador imprisoned the Venezuelans in exchange for payment.
Read alsoWho are the migrants and prisoners released in the exchange between Trump and Maduro?
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