U.S. District Judge James Boasberg directed the administration to facilitate the return of more than 130 Venezuelan men who were held for four months in El Salvador’s CECOT prison after being removed under the Alien Enemies Act. Boasberg argued the situation “would never have arisen” had the government provided what he described as full constitutional protections before deporting the men.

The ruling stems from President Donald Trump’s decision to invoke the Alien Enemies Act, a wartime statute, to target members of Tren de Aragua, a Venezuelan gang the administration designated as a foreign terrorist organization. The White House argued the gang was engaged in organized criminal activity and exploiting mass illegal migration to advance its operations inside the United States.

By invoking the statute, the administration moved swiftly to detain and remove individuals it identified as gang affiliates. Supporters of the policy argue that the president acted squarely within his constitutional authority to protect national security and respond to what he described as an emerging transnational criminal threat.

Boasberg, however, ruled in December that the removals violated due process and ordered the government to either facilitate the men’s return or provide additional legal proceedings. In his latest order, the judge instructed federal officials to issue boarding documents and cover travel costs for any of the men who request to come back to the United States, noting that only a small number are expected to do so.

Critics of the ruling contend that the decision represents judicial overreach into matters traditionally handled by the executive branch, particularly immigration enforcement and national security. They argue that requiring the administration to readmit foreign nationals previously removed under a national security determination could weaken deterrence efforts and complicate future enforcement actions.

The Trump administration has maintained that its actions were necessary to protect American communities from violent criminal organizations operating across borders. The government is required to submit a status report to the court outlining the feasibility of returning any of the individuals who seek reentry.