Judge Boasberg Makes Two Orders in El Salvador Deportations Case

Investigative Reporter

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U.S. District Judge James Boasberg has this week made two orders in a case determining whether people deported to El Salvador should be returned, and whether the U.S. even has the power to return them.

Why It Matters

On March 15, 137 Venezuelan migrants were sent to the jail known as CECOT, accused of being members of gangs. Many of the detainees dispute this allegation.

The Trump administration used the Alien Enemies Act, an 18th-century wartime law used to intern Japanese, German and Italian nationals during World War II.

Boasberg previously ordered a halt to such deportations while he considered the case but the men were deported that same day. On April 16, Boasberg ruled that the federal government may be held in criminal contempt for ignoring this pause.

Now, he is considering whether the men should be returned and how this process might take place with the American Civil Liberties Union urging Boasberg to seek their return.

U.S. District Judge James Boasberg, chief judge of the United States District Court for the District of Columbia, is seen at the E. Barrett Prettyman Federal Courthouse in Washington, D.C., on March 16, 2023. Carolyn Van Houten/The Washington Post via AP, File

What To Know

Boasberg ordered on May 7 that the court needs more information from the Trump administration to assess whether the deported men remain under effective U.S. custody, meaning he is assessing the extent to which the U.S. has the power to bring them back to the U.S.

Boasberg asked for an "expedited" fact-finding inquiry on Wednesday to allow him to determine whether the case should move further.

In this order, he also gave those in El Salvador who are joining the initial plaintiffs in the case the right to use pseudonyms to remain anonymous.

"Petitioners have succeeded in showing that their privacy and safety concerns outweigh the public's presumptive and substantial interest in learning their identities," the order said.

In a May 8 filing, Boasberg set out the discovery process for this information. He said that by May 9, respondents "shall submit any declarations they wish to provide regarding whether the United States has constructive custody over the proposed CECOT class."

By May 12, he added: "Petitioners shall submit to the Court a notice regarding whether they wish to seek jurisdictional discovery, and, if so, the specific discovery they propose to propound."

By May 14: "Respondents shall submit any response to Petitioners' discovery proposal," he ordered.

What People Are Saying

In his May 7 order, Boasberg wrote: "The Court accordingly ORDERS that: 1. Petitioners' [113] Motion for Leave to File Under Pseudonym is GRANTED."

In his May 8 order, Boasberg wrote: "Now arrives the latest installment in this complex and at times fast-moving lawsuit challenging President Trump's invocation of the Alien Enemies Act."

What Happens Next

The discovery process will continue until May 14, as outlined by Boasberg's order.

Meanwhile, the U.S. has asked the Circuit Court of Appeals in the District of Columbia to overturn Trump's contempt order. The appeals court has not ruled yet.