A US federal judge has ruled that Venezuelans deported to El Salvador under an obscure 18th-century wartime law must be granted the right to challenge their detention, and ordered the Trump administration to explain how it will facilitate their legal access.
In a written decision issued on Wednesday, District Judge James Boasberg said the administration has one week to provide details of the process it will use to allow deported individuals to file legal challenges.
The ruling does not mandate the return of the hundreds of Venezuelans currently held in a maximum-security prison in El Salvador, but it requires that they be afforded a path to contest their detention from abroad.
Human rights groups and legal observers have criticised the use of the 1798 Alien Enemies Act — a rarely invoked wartime provision — to justify the mass deportations, calling it a dangerous precedent that violates international norms.
Wartime law
In early 2024, the Trump administration invoked the Alien Enemies Act of 1798, a rarely used statute that allows the US government to deport nationals of hostile countries during times of war — even without trial.
The administration justified its use of the law by claiming that some Venezuelans posed a potential security threat, citing alleged links to organised groups or activities deemed hostile to the United States.
Under this policy, hundreds of Venezuelans were deported to a high-security prison in El Salvador, as part of a security arrangement reportedly struck in secret between Washington and San Salvador. The mass deportations sparked widespread human rights outrage. International watchdogs, including Human Rights Watch and the American Civil Liberties Union (ACLU), condemned the move as a violation of human rights and due process protections.
The recent ruling by Judge James Boasberg represents the first legal blow to the policy, affirming that even in times of emergency or conflict, individuals must retain the right to challenge their detention — even from abroad.
