Judge Boasberg strikes again! On Thursday, he issued a follow-up to his December 22, 2025, order commanding the Trump administration to facilitate the return of those Tren de Aragua members who were removed from the U.S. in March and sent to El Salvador so that they can contest that removal. This one spells out what Boasberg expects the administration to do to remedy the situation.
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To review that December ruling, Boasberg, after determining that he has jurisdiction over the matter, ordered the administration to facilitate the plaintiffs' return to the U.S. to provide them "a meaningful opportunity" to contest their designation as TdA members and the proclamation’s validity. In conjunction with that, Boasberg ordered the administration to submit its proposal articulating the steps it would take to facilitate the plaintiffs' return (or theoretical hearing from afar) within two weeks.
Apparently, he wasn't a fan of their reply. This will give an idea of the flavor of his current ruling:
On December 22, 2025, this Court issued a Memorandum Opinion finding that the Government had denied due process to a class of Venezuelans it deported to El Salvador last March in defiance of this Court’s Order. See J.G.G. v. Trump, 2025 WL 3706685, at *19 (D.D.C. Dec. 22, 2025). The Court offered the Government the opportunity to propose steps that would facilitate hearings for the class members on their habeas corpus claims so that they could “challenge their designations under the [Alien Enemies Act] and the validity of the [President’s] Proclamation.” Id. Apparently not interested in participating in this process, the Government’s responses essentially told the Court to pound sand. See ECF Nos. 229 (Gov. Resp.), 239 (Gov.Reply). Believing that other courses would be both more productive and in line with theSupreme Court’s requirements outlined in Noem v. Abrego Garcia, 145 S. Ct. 1017 (2025), the Court will now order the Government to facilitate the return from third countries of those Plaintiffs who so desire. It will also permit other Plaintiffs to file their habeas supplements from abroad.
Here's a bit more:
Against this backdrop, and mindful of the flagrancy of the Government’s violations of the deportees’ due-process rights that landed Plaintiffs in this situation, the Court refuses to let them languish in the solution-less mire Defendants propose. The Court will thus order Defendants to take several discrete actions that will begin the remedial process for at least some Plaintiffs, as the Supreme Court has required in similar circumstances. It does so while treading lightly, as it must, in the area of foreign affairs. See Abrego Garcia, 145 S. Ct. at 1018 (recognizing “deference owed to the Executive Branch in the conduct of foreign affairs”).
His protestations of "treading lightly" to the contrary, yet again, Boasberg appears intent on dramatically expanding the district court’s role in a dispute involving foreign-affairs and national-security implications. While Boasberg frames his order as a straightforward enforcement of due process, he's effectively placing the judiciary in the position of directing the mechanics of international movement, parole decisions, and taxpayer-funded travel for individuals who are no longer in U.S. custody.
I think it's safe to assume the administration will appeal this order, pointing out that whatever due-process defects may have occurred (and it's not clear that any did), the Constitution does not empower a district court to compel the Executive Branch to orchestrate and finance the return of foreign nationals from abroad. And I expect the case, ultimately, will wind up with the Supreme Court, thereby forcing the justices to confront this question head-on: Where does judicial authority to remedy constitutional violations end, and where does the president’s control over immigration and foreign affairs begin?
Keep your popcorn at the ready.
https://redstate.com/smoosieq/2026/02/12/welp-boasberg-orders-trump-admin-to-to-bring-back-pay-for-venezuelans-deported-under-aea-n2199077
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