A stunning legal directive has been issued, compelling the previous administration to actively work towards the return of Venezuelan nationals deported under the controversial Alien Enemies Act. Judge James Boasberg’s order demands a plan for transporting individuals currently residing in countries outside of Venezuela back to the United States.
The judge didn’t stop there. He specifically requested a detailed report by March 13, 2026, outlining the logistics of this repatriation, including the challenges of assisting those still within Venezuela who wish to return for legal proceedings. The order also highlights the need to secure necessary documentation, even requesting assistance in obtaining passports from El Salvador.
This ruling stems from a case initially brought forward last March, where Judge Boasberg issued a temporary restraining order halting the deportation of thousands of Venezuelans suspected of ties to the notorious Tren de Aragua gang. The administration’s actions were immediately challenged, sparking a fierce legal battle.
The situation escalated when Judge Boasberg threatened to hold officials in contempt of court for failing to comply with his initial order – an order to redirect planes already in flight carrying these individuals. He asserted there was probable cause to believe the administration was deliberately defying the court.
This wasn’t an isolated instance of judicial pushback. Multiple judges across the country have sided against the previous administration’s use of the Alien Enemies Act in these cases. A permanent injunction was ultimately issued, effectively barring the use of the act to remove Venezuelan gang members to El Salvador.
Remarkably, even a Trump-appointed judge, Fernando Rodriguez, deemed the invocation of the Alien Enemies Act “unlawful.” His reasoning centered on the act’s historical context, stating it was intended for use only during times of declared war and armed attack – conditions that did not exist in this situation.
Judges in New York, Colorado, and South Texas echoed this sentiment, issuing similar rulings that further solidified the legal consensus. The Alien Enemies Act, a law dating back to 1798, was clearly not intended for the mass deportation of individuals based on alleged gang affiliation without a formal declaration of war.
The implications of Judge Boasberg’s latest order are significant. It represents a forceful assertion of judicial authority and a demand for accountability, potentially reshaping the landscape of immigration enforcement and the interpretation of long-standing national security laws.
