Judge Boasberg orders DHS to bring back some deported Venezuelans

A federal judge on Thursday ordered the Trump administration to bring back some of the Venezuelans ousted in last year’s deportation flights in March — and told the government to pay for the transportation.

U.S. District Judge James Boasberg, an Obama appointee and frequent legal opponent of President Trump, said since the government violated the migrants’ constitutional rights, it owes them the chance to make things right.

Once in the U.S., they can file habeas corpus cases challenging the predicate for their original deportation.

His ruling applies to 137 Venezuelans Mr. Trump booted out using his powers under the Alien Enemies Act on March 15. They were designated as members of Tren de Aragua, now deemed a terrorist organization, and were sent to El Salvador’s terrorist prison.

El Salvador then sent them to Venezuela last summer.

Judge Boasberg said any of them who made it out of Venezuela and who want to come back to the U.S. to refight their deportations must be allowed to do so, and the government must facilitate it. He said that includes a travel document letting them board a plane to enter the U.S. and payment to cover the cost of the flight.

He said that’s a price the administration must pay for its actions.

“It is worth emphasizing that this situation would never have arisen had the government simply afforded Plaintiffs their constitutional rights before initially deporting them,” he wrote.

The return order applies only to deportees who have managed to get out of Venezuela again.

For now, he said he was bowing to the Trump administration’s worries that working to let those inside Venezuela return to the U.S. would upend touchy negotiations with that country’s new government. The U.S. conducted a snatch-and-grab operation last month to arrest strongman Nicolas Maduro.

Judge Boasberg said all of the deportees, whether inside or outside Venezuela, can file habeas challenges by paper. Habeas corpus is a procedure to review unlawful detention.

He said they can challenge either the government’s contention that they are members of Tren de Aragua or the invocation of the Alien Enemies Act.

The American Civil Liberties Union, which is handling the case for the deportees, said it believes a “handful” have made it outside of Venezuela.

The Justice Department previously signaled it would appeal the case if Judge Boasberg ordered migrants’ return.

Homeland Security Assistant Secretary Tricia McLaughlin criticized the judge for a “crusade to stop President Trump from doing the will of the American people.”

“Nothing has changed; in addition to being in our country illegally, these aliens are foreign terrorists designated as alien enemies by the president. They were removed under the proper legal authorities,” she said.