U.S. District Judge James Boasberg ordered the government to come up with a plan within two weeks for the men, who have since been returned to Venezuela in a prisoner swap.
“Plaintiffs should not have been removed in the manner that they were, with virtually no notice and no opportunity to contest the bases of their removal, in clear contravention of their due-process rights,” Boasberg wrote.
It’s the latest development in a case that’s been a legal flashpoint in the administration’s sweeping crackdown on immigration. It started in March, after Trump invoked an 18th century wartime law to send Venezuelan migrants accused of being gang members to a mega-prison known as the Terrorism Confinement Center, or CECOT.
The ruling from Boasberg, who was appointed to the federal bench by Democratic President Barack Obama, opens a path for them to challenge the allegation that they’re members of the Tren de Aragua gang and subject to removal under the Alien Enemies Act.
“This critical ruling makes clear that the Trump administration cannot simply spirit people off to a notorious foreign prison with zero due process and simply walk away. There are consequences,” said ACLU attorney Lee Gelernt, who represents the migrants.
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