A federal judge appeared stunned during a hearing Wednesday as a Justice Department attorney all but conceded that the Trump administration violated the rights of migrants it deported under the Alien Enemies Act to a notorious prison in El Salvador.
“Agree they got no due process?” U.S. District Judge James Boasberg asked DOJ attorneys, according to a thread from Lawfare's Roger Parloff on Bluesky,
When the attorney replied, “I can't say it was the same as they'd get right now,” Boasberg tore into the team representing Trump’s sweeping immigration policy.
“So transferring them to CECOT without process SCOTUS says due process requires ...you've essentially admitted their rights were violated,” the judge said at the Wednesday hearing, according to Parloff. “If they're in constructive custody, what's the remedy?"
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Before the judge concluded the proceeding — part of a habeas case challenging the use of the Alien Enemies Act, the law used by President Donald Trump to deport migrants to a notoriously brutal prison in El Salvador – the judge appeared ready to rule.
“I'm going to order ...” he said before adding: “I'll issue order tomorrow. Brief order. I'll give you, DOJ, an opportunity to file further declarations from State Dept or anyone else regarding [the] constructive custody issue till end of day Friday.”
J: agree they got no due process? DOJ: i can't say it was the same as they'd get right now. J: so transferring them to CECOT without process scotus says due process requires ... you've essentially admitted their rights were violated. if they're in constructive custody, what's the remedy? /28
— Roger Parloff (@rparloff.bsky.social) May 7, 2025 at 4:44 PM
