Venezuelans deported to CECOT without hearings

Summary

In March 2025, the Trump administration invoked the 1798 Alien Enemies Act to declare Tren de Aragua an "invasion" and send 137 Venezuelan men to El Salvador's CECOT mega-prison under the Act, alongside others removed under ordinary immigration law, despite a federal judge's order to halt the flights. Courts found the removals violated due process; all 252 Venezuelans held at CECOT were returned to Venezuela on July 18, 2025.

What happened

On March 15, 2025, the administration flew planeloads of Venezuelans to CECOT, a maximum-security detention facility in El Salvador, including 137 people removed under the Alien Enemies Act, according to the White House. District Judge James Boasberg issued an oral order to halt the flights while they were en route; the planes landed anyway. The Supreme Court set aside Boasberg's order on April 7, 2025; in a separate May 16, 2025 order (A.A.R.P. v. Trump) it said notice given roughly 24 hours before removal "surely does not pass muster." On December 22, 2025, Judge Boasberg ruled formally that the US violated due process for the 137 Venezuelan men removed under the Act by labeling them Tren de Aragua members without allowing them to contest the designation. After a prisoner-swap arrangement, all 252 Venezuelans held at CECOT were returned to Venezuela on July 18, 2025. A Fifth Circuit panel subsequently ruled against the use of the Alien Enemies Act to deport Venezuelan gang members, but on August 13, 2026 the full Fifth Circuit dismissed the appeal as moot, without deciding whether the invocation was lawful, because the government had removed the three named petitioners under the Immigration and Nationality Act.

Impact on the United States

Defiance of a sitting federal court's order sets a precedent that the executive branch can ignore judicial commands in immigration cases. Exposes the US to condemnation for sending people - some of whom had no confirmed gang ties - to a prison where conditions constitute cruel and degrading treatment. Undermines rule of law and judicial authority domestically.

Global ripple effects

Diplomatic and reputational cost: the episode was scrutinized by international human rights bodies and damaged US standing in Latin American relations; the US agreed to pay El Salvador about $6 million to house the deportees.

Documented effects

1. Mar 2025137 Venezuelan men removed under the Act were sent to CECOT on March 15, 2025, without individual hearings; Judge Boasberg later found probable cause to hold the administration in criminal contempt over the flights.[1]
2. Dec 2025Judge Boasberg ruled December 22, 2025, that the 137 men removed under the Act had been denied due process; directed the administration to submit a plan to return them to the US or give them hearings.[1][4]
3. Jul 2025All 252 Venezuelans held at CECOT were returned to Venezuela on July 18, 2025, in a prisoner swap.[5]
4. Aug 13, 2026The full Fifth Circuit dismissed the main appellate challenge to the Alien Enemies Act invocation as moot on August 13, 2026, after the government removed the three named petitioners under ordinary immigration law, leaving the legality of the invocation undecided at the circuit level.[3]

Why this is rated severe

137 people were removed under the Act to El Salvador's CECOT prison despite a judge's order to halt the flights, and a federal judge ruled they were denied due process; all 252 Venezuelans held there were later returned to Venezuela.

a Supreme Court order bars further removals under the Act; the 252 Venezuelans held at CECOT were returned to Venezuela July 18, 2025

Corrections & updates [9]

Every change to a fact on this page after publication is logged here, newest first.

1. Sep 29, 2026UpdatedKey facts

   Updated: on August 13, 2026 the full Fifth Circuit dismissed the appeal over the Alien Enemies Act invocation as moot, because the government had removed the three named petitioners under ordinary immigration law; the court did not decide whether the invocation was lawful.[3]

   + Show previous and current text- Hide previous and current text

   Previously

   On March 15, 2025, the administration flew 252 Venezuelans to CECOT, a maximum-security detention facility in El Salvador. District Judge James Boasberg issued an oral order to halt the flights while they were en route; the planes landed anyway. The Supreme Court later vacated Boasberg's specific block while noting that the 24-hour notice provided to detainees "surely does not pass muster" for due process. On December 22, 2025, Judge Boasberg ruled formally that the US violated due process for all 252 individuals by labeling them Tren de Aragua members without allowing them to contest the designation. After a prisoner-swap arrangement, all 252 Venezuelans were returned to Venezuela on July 18, 2025. A federal appeals court subsequently ruled the Alien Enemies Act cannot be used to deport Venezuelan gang members.

   Now

   On March 15, 2025, the administration flew 252 Venezuelans to CECOT, a maximum-security detention facility in El Salvador. District Judge James Boasberg issued an oral order to halt the flights while they were en route; the planes landed anyway. The Supreme Court later vacated Boasberg's specific block while noting that the 24-hour notice provided to detainees "surely does not pass muster" for due process. On December 22, 2025, Judge Boasberg ruled formally that the US violated due process for all 252 individuals by labeling them Tren de Aragua members without allowing them to contest the designation. After a prisoner-swap arrangement, all 252 Venezuelans were returned to Venezuela on July 18, 2025. A Fifth Circuit panel subsequently ruled against the use of the Alien Enemies Act to deport Venezuelan gang members, but on August 13, 2026 the full Fifth Circuit dismissed the appeal as moot, without deciding whether the invocation was lawful, because the government had removed the three named petitioners under the Immigration and Nationality Act.

2. Sep 29, 2026CorrectedSource

   Corrected: the December 2025 ruling was sourced to an ACLU press release; the ACLU is lead counsel in the case, so it is not independent evidence. The claim is now sourced to NPR's report on the ruling, and the ACLU release was removed.[1]

3. Sep 29, 2026CorrectedFigure

   The entry said 252 Venezuelans were deported under the Alien Enemies Act on March 15, 2025, and that Judge Boasberg's December 22, 2025 ruling covered "all 252". The White House said 137 people were removed under the Act (NPR), and the December ruling covered those 137 men (CBS News). 252 is the number of Venezuelans held at CECOT who were returned to Venezuela on July 18, 2025 (ABC News). The severity rationale also said 252 were deported "in defiance of a court order". Also: the Supreme Court set aside Boasberg's order on April 7, 2025, and its "surely does not pass muster" language came in a separate May 16, 2025 order (A.A.R.P. v. Trump). "Defying a federal court order" is reworded to "despite a federal judge's order to halt the flights"; NPR reports the judge found probable cause for criminal contempt.[1][4][5][7]

4. Sep 29, 2026CorrectedStatus

   Status was "reversed", but the administration has not withdrawn the policy. Removals under the Act are blocked by a Supreme Court order that remains in place (ABC News, August 13, 2026), and the 252 Venezuelans held at CECOT were sent to Venezuela, not back to the US.[5][6]

   Previously

   reversed

   Now

   blocked-by-court (a Supreme Court order bars further removals under the Act; the 252 Venezuelans held at CECOT were returned to Venezuela July 18, 2025)

5. Sep 29, 2026ClarifiedEffects

   Removed "a tacit concession that the removals were unlawful". No source characterizes the prisoner swap that way. The return itself is sourced to ABC News.[5]

6. Sep 29, 2026CorrectedSummary

   The display summary said 252 Venezuelans were deported under the Alien Enemies Act. The White House said 137 were removed under the Act; 252 is the number of Venezuelans held at CECOT who were returned to Venezuela (NPR, CBS News, ABC News).[1][4][5]

   + Show previous and current text- Hide previous and current text

   Previously

   The administration invoked the 1798 Alien Enemies Act to deport 252 Venezuelans without individual hearings, defying an oral court order in flight. Courts ruled the removals violated due process; all 252 were returned via prisoner-swap.

   Now

   The administration invoked the 1798 Alien Enemies Act to send 137 Venezuelans to El Salvador's CECOT prison without individual hearings, despite a judge's oral order to halt the flights. Courts ruled the removals violated due process; all 252 Venezuelans held at CECOT were returned to Venezuela via a prisoner swap.

7. Sep 29, 2026CorrectedSummary

   The 252 Venezuelans were sent to Venezuela in a July 18, 2025 prisoner swap, before the December 2025 due-process ruling; the dek implied they were returned because of court rulings. Courthouse News Service is a legal trade outlet (Tier 3).[5][1]

8. Sep 29, 2026ClarifiedSeverity rationale

   Attributed the due-process finding to the court and removed an adjective. Severity unchanged.

   + Show previous and current text- Hide previous and current text

   Previously

   Deporting 137 people under the Act to a harsh prison despite a federal judge's order to halt the flights was a severe due-process violation, though all 252 Venezuelans held there were eventually returned to Venezuela.

   Now

   137 people were removed under the Act to El Salvador's CECOT prison despite a judge's order to halt the flights, and a federal judge ruled they were denied due process; all 252 Venezuelans held there were later returned to Venezuela.

9. Sep 29, 2026CorrectedCost estimate

   The $32M total was built from unsourced estimates and cited the site's own event data, which is circular. It is replaced by the one published figure: about $4.7 million the US paid El Salvador. An unsourced forward-liability estimate is also removed. The new figure is a floor.

   Previously

   net $32M so far; 10yr $60M; 15yr $62M

   Now

   net $4.7M so far; 10yr $4.7M; 15yr $4.7M

Sources [6]