U.S. District Judge James Boasberg has ruled that non-citizens deported from the U.S. to El Salvador’s maximum-security prison must be afforded the opportunity to seek habeas relief in court, and challenge their alleged gang status. This decision marks a significant legal setback for the Trump administration’s deportation efforts, which have been subject to multiple court challenges and Supreme Court interventions. The ruling specifically targets the case of Kilmar Armando Abrego Garcia, a Salvadorian migrant and alleged MS-13 member deported from Maryland in March, which sparked a heated court battle. The administration has acknowledged an administrative error in his deportation, but the case nonetheless ignited a legal showdown. Boasberg’s order emphasizes the constitutional duty to provide judicial remedies, despite potential diplomatic or national security implications, and mandates that the government facilitate the right to challenge removals under the Alien Enemies Act.
Boasberg’s new 69-page order invokes Franz Kafka’s The Trial, where the protagonist, Josef K., is arrested for unspecified crimes, to describe the plight of migrants like Frengel Reyes Mota and Andry Jose Hernandez Romero, who were abruptly removed from the U.S. in March 2025. The government’s rushed removals triggered a wave of federal court challenges, culminating in the Supreme Court’s ruling that the process violated due process under the U.S. Constitution. The order highlights the administration’s failure to provide migrants with prior notice of removal or the right to contest their deportations, a core constitutional protection. While Boasberg acknowledges the possibility that the government may have lawfully invoked the Alien Enemies Act, he stresses that the lack of a due process opportunity—where the migrants could have challenged the government’s claims—renders the removals constitutionally suspect.
The ruling is likely to provoke strong backlash from the Trump administration, which has previously criticized Boasberg’s earlier decisions, including a temporary restraining order issued in March 2025 that halted deportations of Venezuelans. The administration also faced consequences for disregarding Boasberg’s orders, as the court found them in contempt. The latest order follows a Supreme Court decision that lifted a stay on the Trump administration’s use of the Alien Enemies Act to deport Venezuelans, adding to the legal complexity. Boasberg’s ruling not only reinforces the principle of judicial oversight in immigration matters but also sets a precedent for future cases involving similar issues. The administration’s ongoing legal battles over the deportation flights, including cases tied to the Tren de Aragua gang, now face increased scrutiny as the court mandates the right to challenge removals, further complicating the administration’s strategy.