Appeals court divided on whether to force Trump admin to return Venezuelan migrants from El Salvador prison
A three-judge federal panel heard arguments Friday on whether dozens of Venezuelans deported to CECOT should return to the U.S. to challenge their removals.
What to know
- A federal appeals court panel split Friday on a core question: whether the Trump administration must return Venezuelan migrants it deported to El Salvador's CECOT prison in March 2025 without due process, with two judges skeptical and one supporting return.
- The legal battle hinges on jurisdiction—whether U.S. courts can order relief for people now outside U.S. territory—and whether migrants already released from CECOT have received their remedy.
- Both the migrants' attorneys and Judge Boasberg argue the administration conceded it violated constitutional rights; the Justice Department claims the court lacks jurisdiction and the case is now moot.
- The D.C. Circuit will also hear arguments next week on whether Boasberg can pursue a contempt investigation against Justice Department officials for ignoring his earlier order to stop flights to CECOT.
“This court is not supposed to second-guess sensitive matters of foreign affairs or undermine the United States' ability to speak with one voice on the international stage. That is exactly what the district court is doing here”
Tiberius Davis, Justice Department attorney · Philadelphia Inquirer ↗
Judge James Boasberg District Court Chief JudgeTrump administration / Justice Department Defendant in appeal
Judge Neomi Rao U.S. Court of Appeals judge (Trump appointee)Judge Harry Edwards U.S. Court of Appeals judge (Carter appointee)Lee Gelernt ACLU attorney representing deported migrants
How it unfolded 1 development · click the chart to see its coverage articles
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D.C. Circuit appeals court panel hears arguments on whether to reverse Boasberg's return order
A three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments on whether to reverse or uphold Boasberg's order. The panel appeared divided, with two Trump-appointed judges skeptical that migrants have a right to return and one Carter-appointed judge supporting the lower court ruling.
“There needs to be some showing that the U.S. had that type of control — the control that they could produce a detainee on command — and I don't see that evidence from petitioners…”
— Judge Neomi Rao -
background
District Judge Boasberg orders Trump administration to return deported migrants at government's expense — Chief Judge James Boasberg ruled that the administration flagrantly violated the migrants' due process rights and ordered it to make arrangements for their return to the U.S. Boasberg said the administration told him to 'pound sand' when he attempted to enforce the order.
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background
Supreme Court approves Trump's use of Alien Enemies Act but requires migrants get chance to challenge deportations — The justices gave President Trump approval to carry out removals under the Alien Enemies Act but stipulated that immigrants have an opportunity to challenge their deportations.
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background
Trump administration deports Venezuelan migrants to El Salvador without notice or due process hearing — Dozens of Venezuelan nationals were flown to El Salvador's Terrorism Confinement Center (CECOT), a notorious prison, and labeled members of the Tren de Aragua gang. The migrants received no notice or opportunity to challenge their removals.
Also covered reported alongside — the timeline has no entry for these yet
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3 outlets Appeals court appears divided in case over Venezuelan migrants deported to El Salvador prison
first by Mercury News, 6d ago · also Philadelphia Inquirer, Associated Press
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