Federal Judge Calls for Urgent Intervention as Evidence of Abuse Mounts
A federal court is reviewing whether the Trump administration violated a judicial order suspending the transfer of Venezuelans under the Alien Enemies Act, a law dating back to the 18th century.
Federal District Judge James Boasberg of Washington, D.C., is evaluating the risk that Venezuelan migrants deported from the United States and imprisoned at the Terrorism Confinement Center (CECOT) in El Salvador may suffer torture and mistreatment, according to a District Court opinion.
The court document states that five Venezuelans filed a lawsuit to prevent their deportation under the Alien Enemies Act, which allows non-citizens to be expelled without appearing before an immigration or federal judge. They claim they were never given the chance to request protection under the Convention Against Torture (CAT).
The Trump administration deported 238 Venezuelan migrants to El Salvador under this wartime law, which had not been invoked since World War II. The flights were already airborne on March 15 when Judge Boasberg issued an order temporarily blocking deportations, demanding that the planes return to the U.S. with the deportees—but that did not happen.
Court testimonies reveal that the U.S. also deported women, but Salvadoran authorities refused to admit them.
According to the judge, the plaintiffs claim that when the U.S. government boarded them onto the planes on the morning of March 15, they were not only denied the chance to seek protection under the CAT, but were also not informed of their destination.
One plaintiff testified:
“On the plane, […] detainees asked the agents where they were being taken. The agents just said they didn’t know—then laughed.”
Judge Boasberg warned that the available evidence strongly suggests a risk of torture if the plaintiffs remain in CECOT. The court ruling highlights that Salvadoran authorities have publicly stated that inmates at CECOT ‘will never be released’.
One expert witness testified that they were unaware of any prisoner who had been freed from the facility.
Further testimonies detail the inhumane conditions at CECOT, where prisoners:
- Rarely leave their cells
- Lack access to drinking water and adequate food
- Are forced to sleep standing up due to overcrowding
- Remain locked in dark cells for days without sunlight
A witness stated that if the prison reached full capacity, each inmate would have less than 60 cm (23 inches) of space—less than half the space legally required for transporting medium-sized livestock in the U.S.
Inmates also report being subjected to physical beatings and humiliation. One prisoner said that guards and other detainees beat him daily, and on one occasion, a guard broke one of his ribs.
Another prisoner testified that he was forced to kneel for four hours in front of the prison entrance, was submerged in a barrel of ice water, and had his head forcibly held underwater during interrogations.
Former President Donald Trump criticized Judge Boasberg for blocking his administration’s Venezuelan deportation policy, attacking the judge’s impartiality just hours before the U.S. Court of Appeals was set to review the case.
Shortly after midnight, Trump posted on social media, calling for Judge Boasberg to be disqualified, sharing an article alleging that the judge had attended a legal conference featuring anti-Trump speakers.
Meanwhile, on Monday, Boasberg refused to overturn his order, stating that Venezuelan migrants must be allowed to challenge their deportation and contest their alleged links to criminal organizations like Tren de Aragua.
“There is a strong public interest in preventing the wrongful deportation of individuals based on unchallenged classifications,” the judge wrote, adding that the government must comply with the law.
The Trump administration appealed the ruling, and a three-judge panel from the U.S. Court of Appeals for the D.C. Circuit is set to hear arguments before making a decision.
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