Trump administration must facilitate return of men sent to El Salvador’s CECOT back to the U.S., judge rules

A federal judge on Thursday ordered the Trump administration to facilitate the return to the United States of people it deported to El Salvador’s Terrorism Confinement Center, or CECOT, ruling that the government violated their due process rights and must now begin to remedy the consequences of those removals.

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The order, issued by D.C. U.S. District Chief Judge James E. Boasberg, arises from a class action brought by Venezuelan migrants who were deported in March 2025 under a presidential proclamation invoking the Alien Enemies Act. In earlier rulings, Boasberg concluded that the deportations were unlawful, writing that “by any measure, the detainees surely fell victim to constitutionally inadequate process.”

Related: Andry Hernández Romero on surviving CECOT: 'They told us we would die there'

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In his latest opinion, the judge addressed what the government must do to remedy that violation. Citing recent U.S. Supreme Court precedent, he wrote that when people are unlawfully removed, the government must “ensure that [their] case is handled as it would have been had [they] not been improperly sent to El Salvador.” He rejected the administration’s argument that there was no feasible way to allow the plaintiffs to proceed, warning that otherwise the government could remove people without due process and then deny them any meaningful chance to be heard simply because they are no longer in the United States.

Under the order, the government must offer “boarding letters” to plaintiffs in third countries who seek commercial air travel back to the U.S. and, in some cases, cover the cost of that travel. Boasberg noted that the situation would not exist had the government “simply afforded Plaintiffs their constitutional rights before initially deporting them.” Those who return would be taken into U.S. custody while their cases proceed and could still face deportation if their legal challenges fail.

Related: Democratic lawmakers fly to El Salvador and demand action on gay man Trump sent to CECOT prison

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The case involves 137 Venezuelans who were deported to CECOT. Some were later released to Venezuela as part of a prisoner exchange, but several now seek to continue pressing habeas corpus claims, arguing that the proclamation was unlawfully applied to them or that they were wrongly identified as members of the Tren de Aragua gang.

At a remedies hearing this week, the government said facilitating returns could harm U.S. foreign policy interests. Boasberg said the court would “tread lightly” in matters of foreign affairs but refused to let plaintiffs “languish in the solution-less mire Defendants propose.”

The ruling has drawn renewed attention because of conditions inside CECOT and the experiences of people sent there from the United States. One of the most closely followed cases is that of Andry Hernández Romero, a Venezuelan gay makeup artist without a criminal record, who sought asylum in the U.S. and passed a credible fear screening before being deported.

Related: Kristi Noem won’t say if gay asylum-seeker deported to El Salvador’s ‘hellhole’ prison is still alive

Related: Andry Hernández Romero, gay asylum seeker disappeared by Trump, part of prisoner swap

Related: Inside the movement that freed gay makeup artist Andry Hernández Romero from a hellhole

In an interview with The Advocate after his release, Hernández Romero described being detained in CECOT, suffering abuse by guards, and being held incommunicado without communication with the outside world. He was released after about four months as part of a prisoner exchange and sent to Venezuela, not returned to the United States.

“I want the world to know that being Venezuelan is not a crime," Hernández Romero told The Advocate.

Related: CECOT survivor Andry Hernández Romero, gay Venezuelan makeup artist, and his lawyer named to Out100

Related: Andry Hernández Romero explains how he survived CECOT after the U.S. government disappeared him

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Advocates argue his case illustrates broader concerns that people were labeled gang members based on thin or questionable evidence and removed without a meaningful opportunity to contest those claims. Boasberg’s order does not resolve those underlying disputes, but it does require the government to provide a path for at least some plaintiffs to return and pursue them in court.

The Advocate contacted Hernández Romero’s legal team for comment on the ruling, but did not immediately receive a response.