Case Background
In the case of J.G.G. v. Trump, non-U.S. citizen Venezuelan nationals were deported in March 2025 under the Alien Enemies Act without due process by the Trump administration. The case also involves a class of similarly situated individuals.
Judicial Proceedings
The case was assigned to Judge James Boasberg, who initially ordered the government to cease flights transporting the individuals to CECOT prison in El Salvador. Despite this order, the government proceeded with the deportations.
Following a Supreme Court ruling that permitted deportations provided due process was afforded, Judge Boasberg subsequently found probable cause to believe the government was in criminal contempt of court for disobeying his original order on the day the flights departed. In response, Donald Trump publicly called for Judge Boasberg’s impeachment.
In December, Judge Boasberg ruled that the Trump administration had denied due process to the entire plaintiff class in J.G.G.
Recent Order
In a recent decision, Judge Boasberg stated that he had offered the government an opportunity to propose steps to facilitate hearings for the individuals to receive due process. He noted that the government's responses indicated a lack of interest in participating in this process.
Judge Boasberg subsequently ordered the government to facilitate the plaintiffs' return from the third countries where they are currently located. Alternatively, if the plaintiffs prefer, the order permits them to proceed in court from abroad.
Judicial Rationale
Judge Boasberg emphasized that this situation would not have arisen if the government had afforded the plaintiffs their constitutional rights before their initial deportation.
He stated the government has an obligation to ensure the case is handled as it would have been had the individuals not been improperly sent to El Salvador.