Judge Boasberg does it again! On Thursday, he released a follow-up to his order from December 22, 2025, instructing the Trump administration to help bring back the Tren de Aragua members who were expelled from the U.S. in March and sent to El Salvador so they can challenge that expulsion. This new order clarifies what Boasberg anticipates the administration will do to address the issue.
JUST IN: Judge BOASBERG has ordered the Trump administration to facilitate the return of Venezuelan men illegally deported under the Alien Enemies Act and who are currently in countries other than Venezuela. https://t.co/mpLgN8Wi2W pic.twitter.com/aj88O6ijCh
— Kyle Cheney (@kyledcheney) February 12, 2026
To revisit the December ruling, Boasberg, having confirmed his jurisdiction over the case, directed the administration to assist the plaintiffs in returning to the U.S. This is meant to give them “a meaningful opportunity” to challenge both their designation as TdA members and the legitimacy of the proclamation. Alongside this, Boasberg instructed the administration to present a plan outlining the steps it would take to facilitate the plaintiffs’ return (or a potential remote hearing) within a two-week timeframe.
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It seems he wasn’t particularly impressed with the Trump administration’s response:
On December 22, 2025, this Court issued a Memorandum Opinion finding that the Government had denied due process to a class of Venezuelans it deported to El Salvador last March in defiance of this Court’s Order. See J.G.G. v. Trump, 2025 WL 3706685, at *19 (D.D.C. Dec. 22, 2025). The Court offered the Government the opportunity to propose steps that would facilitate hearings for the class members on their habeas corpus claims so that they could “challenge their designations under the [Alien Enemies Act] and the validity of the [President’s] Proclamation.” Id. Apparently not interested in participating in this process, the Government’s responses essentially told the Court to pound sand. See ECF Nos. 229 (Gov. Resp.), 239 (Gov.Reply). Believing that other courses would be both more productive and in line with theSupreme Court’s requirements outlined in Noem v. Abrego Garcia, 145 S. Ct. 1017 (2025), the Court will now order the Government to facilitate the return from third countries of those Plaintiffs who so desire. It will also permit other Plaintiffs to file their habeas supplements from abroad.
And this:
Against this backdrop, and mindful of the flagrancy of the Government’s violations of the deportees’ due-process rights that landed Plaintiffs in this situation, the Court refuses to let them languish in the solution-less mire Defendants propose. The Court will thus order Defendants to take several discrete actions that will begin the remedial process for at least some Plaintiffs, as the Supreme Court has required in similar circumstances. It does so while treading lightly, as it must, in the area of foreign affairs. See Abrego Garcia, 145 S. Ct. at 1018 (recognizing “deference owed to the Executive Branch in the conduct of foreign affairs”).
Despite his claims of “treading lightly,” Boasberg seems determined to significantly broaden the district court’s involvement in a matter that touches on foreign affairs and national security. Although Boasberg presents his ruling as a simple application of due process, he is effectively putting the judiciary in charge of overseeing international movement, parole decisions, and taxpayer-funded travel for individuals no longer under U.S. custody.
It seems reasonable to predict that the administration will challenge this ruling, arguing that regardless of any due-process issues that may have arisen (and it’s unclear if any did), the Constitution doesn’t grant a district court authority to require the Executive Branch to manage and finance the repatriation of foreign nationals from other countries. I anticipate that the case will ultimately reach the Supreme Court, compelling the justices to directly address this issue: Where does the authority of the judiciary to rectify constitutional violations end, and where does the president’s authority over immigration and foreign affairs begin?
Beyond that, it’s way past time for Chief Justice John Roberts to leave his comfy perch and do whatever is in his power to reprimand these Trump-addled lower court judges. This ‘pretending I’m the president’ stuff has gotten way out of hand.
