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Venezuelans sent to Salvadoran prison can be returned to U.S. with a court order, DOJ says
| USA | general

Venezuelans sent to Salvadoran prison can be returned to U.S. with a court order, DOJ says

#Venezuela #CECOT #Alien Enemies Act #Department of Justice #Due Process #El Salvador #Federal Court #Deportation

📌 Key Takeaways

  • A federal judge ruled that the Trump administration illegally used the 1798 Alien Enemies Act against Venezuelan nationals.
  • The individuals were denied due process before being sent to El Salvador's high-security CECOT prison.
  • The DOJ has confirmed the men can now be returned to the U.S. under a specific court order.
  • The ruling limits the government's ability to use wartime laws for civil deportation and immigration matters.

📖 Full Retelling

The U.S. Department of Justice (DOJ) confirmed this week that a group of Venezuelan nationals, who were controversially deported to El Salvador's Terrorism Confinement Center (CECOT) by the Trump administration, can now be returned to the United States following a federal court order. This legal development follows a December ruling by a federal judge who determined that the administration’s use of the 1798 Alien Enemies Act to justify the transfer was unlawful. The court found that the government’s actions bypassed standard legal protections, essentially denying the individuals their fundamental right to due process while attempting to manage a perceived national security threat. The case centers on the unprecedented application of the Alien Enemies Act, a centuries-old law that grants the president broad authority to detain or deport citizens of a country with which the United States is at war. In this instance, the administration invoked the act against Venezuelan citizens despite the lack of a formal declaration of war between the two nations. By transferring these individuals to CECOT—a high-security facility in El Salvador known for housing gang members and terrorists—critics argue the government bypassed the traditional immigration court system entirely. Legal experts and human rights advocates have closely watched the proceedings, noting that the December ruling sets a significant precedent against the use of wartime statutes for civil immigration enforcement. The judge emphasized that the men were not afforded the opportunity to contest the allegations against them or seek asylum before being sent to a third country's maximum-security prison. The DOJ's recent acknowledgment reflects a shift in the legal stance, identifying a clear path for the men to return to U.S. soil to have their cases heard properly. Moving forward, the return process will require specific court interventions to coordinate the logistics of extracting the individuals from the Salvadoran prison system. This situation highlights the ongoing tension between executive power in border enforcement and the constitutional requirements of the American legal system. As the individuals prepare for their return, the focus remains on whether they will be placed back into the standard U.S. immigration detention system or released pending their court dates.

🏷️ Themes

Immigration, Legal Justice, Human Rights

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📄 Original Source Content
In December, a federal judge ruled the Trump administration should not have sent the men to CECOT after invoking the Alien Enemies Act, finding that the men were denied due process.

Original source

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