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US District Judge James Boasberg sues the idea of moving some migrants to Guantanamo Bay on Wednesday evening, public comments President Donald Trump and other Cabinet officials made about alien deportation procedures.
During the hearing, Boasberg specifically appealed to Justice Department lawyers over a statement made by Trump and DHS Director Christa Noem about Secott, the largest prison in El Salvador where the US deports hundreds of immigrants.
He asked specifically about Trump’s comments in an interview with ABC News. Trump will return to the US from El Salvador to the ABC News to return to Salvadoran and gang member Kilmar Abrego Garcia, if he chooses to return to the US.
“Is the President not telling the truth?” Boasberg asked Abhishek Kambli, a lawyer for the Department of Justice. “Or can he secure his release?”
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The question lies at the heart of whether El Salvador has custody of deported migrants. This is a big question at the heart of the incident.
Another important part of the hearing focused on the legality of the alien enemy declarations that Trump used to expel immigrants from the United States to Salvador prisons.
Boasberg argued that Trump had not supported the alien enemy laws in order to deport certain immigrants, and told Supreme Court lawyers, “The Supreme Court “didn’t decide in any way.”
Boasberg had the idea of moving immigrants detained at CECOT to the U.S. Guantanamo Bay Detention Center. There they were able to see whether the government was a member of Tren de Aragua, the violent Venezuelan gangster of the Trump Gang.
He also burned Kambli in Noem’s comment that CECOT is one of the tools of the “US” tool for individuals who committed crimes against Americans, and commented that the US had provided EL Salvador $6 million to residential immigrants at Secott Prison.
In response, Kambli said these statements sometimes “lack of nuance,” describing payments to El Salvador as “grants.”
US District Judges James Boasberg and President Donald Trump (Getty Images)
The fast-paced hearing was marked by a line of incisive questions from Boasburg about claims by Trump officials and whether an early wave of immigrants deported to CECOT received legitimate procedures or advance notice before being deported to El Salvador.
Boasberg asked Lee Gererund, the ACLU lawyer who argued for the plaintiff, if there was any statement about whether the first class of migrants deported to CECOT under the alien enemy law had been informed in advance or if they had received due process protection.
Gelernt reiterated that the first group of migrants had not received prior notice and told the court that individuals had received a declaration from the government as they were loaded onto a bus on their way to the airport where they were sent to Salvador prisons.
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Gelernt also said the notification given to immigrants said “no reviews.”
The phrase was subsequently removed from the declaration, but has not been replaced by a review or details regarding habeas corpora eligibility.
“They got some notice,” Kambli told Boasberg.
“If it wasn’t for 12 hours, I wouldn’t say they’d have gotten the right process,” Boasberg fought back.
Boasberg concluded the hearing by informing him that he planned to issue an order on Thursday explaining the next step and that he planned to hand it over to the government to file further declarations until Friday. From there, the plaintiffs will need to review their findings until Monday, including requests for additional information.
Judge James E. Boasberg of E. Barrett Prettyman Federal Court House in Washington, DC (Carolyn Van Hauten/Washington Post via Getty)
Trump officials have tried to portray Boasberg, a well-known DC judge, as the face of a judicial overview.
Unlike previous lawsuits heard by Boasberg in March, Trump has tried to temporarily block Trump’s use of Trump’s use to expel certain U.S. immigrants quickly, but plaintiffs are asking the court to hear a greater demand for more permanent relief.
The interim injunction is filed as a class, seeking to protect two classes of immigrants. The detainees have already been transferred from the United States to the infamous Salvador prison and are detained in US soils at risk of imminent removal.
Plaintiffs are seeking broader, more lasting relief from two groups of individuals at risk of claiming it is “significant and irreparable harm” under the alien enemy laws.
For US detainees who could be removed under the law, the plaintiffs sought an order that would block the removal under the AEA and require the Trump administration to provide at least 30 days of notice prior to the scheduled removal.
Immigrants who have already been deported to CECOT could face a more tricky path to relief.
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President Donald Trump will speak at the FIFA Task Force meeting held in the East Room of the White House on May 6, 2025 (AP Photo/Mark Sieffelbein)
The plaintiffs asked Boasburg with an amended request to order the Trump administration to not only promote the return of already deported migrants, but also to do so.
This could include the administration requesting Salvadoran contractors or agents to transfer individuals from CECOT to US “physical custody,” they said.
It is unclear whether the Trump administration will take steps to comply with the order to grant the injunctive relief relief that plaintiffs are seeking. If their answers are any indication, short-term compliance seems unlikely.
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Suspicion of El Salvador gang member after being deported from the US from March 31, 2025 (Anadoru via El Salvador Press Presidential/Getty)
The hearing takes place as the Trump administration has become increasingly rebellious in the face of a court order to return immigrants back to the US from CECOT, including two immigrants who were mistakenly deported to the largest security prison in March and returned to the US by two separate federal judges.
The administration refused to return them. So far, the Trump administration has not said whether migrants deported from the US have returned to CECOT under the law.
And it can be difficult to track these individuals’ identities. So far, the Trump administration has not released a list of names of individuals deported to El Salvador under the alien enemy laws. The Salvadora government also protects their identities from public disclosure.
The administration’s growing resistance to the issue has sparked new concerns from Trump critics and court observers who fear that the administration is testing the boundaries of executive authorities.
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The plaintiffs also cited fears of harm to immigrants.
They said in their submission that there is no injunctive relief, the Trump administration would “have the freedom to send more individuals.”
Breanne Deppisch is a national political reporter for Fox News Digital, covering the Trump administration, focusing on the Department of Justice, the FBI and other national news.
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