Venezuelan men shipped to brutal prison under Alien Enemies Act ask court for due process

A D.C. Circuit appeals panel heard arguments Friday over whether more than 100 Venezuelan men deported under the 1798 Alien Enemies Act are entitled to due process hearings after being sent to El Salvador's CECOT prison for four months without a chance to contest gang-membership accusations against them. ACLU attorney Lee Gelernt argued the men were denied any opportunity to challenge their removal before being shipped off, then later returned to Venezuela in a prisoner swap.

DOJ attorney Tiberius Davis argued the U.S. had no custody over the men once in Salvadoran hands and that holding over 100 hearings abroad would be impractical and raise foreign sovereignty concerns. Circuit Judge Harry Edwards, a Carter appointee, pushed back, saying it seemed clear the U.S. stayed in a position of control throughout.

The case traces to Judge James Boasberg's March 2025 order to turn back deportation flights, which instead landed at CECOT after the U.S. paid El Salvador up to $6 million to detain the men; a separate Monday hearing will weigh possible contempt charges against administration officials, including Attorney General Todd Blanche, for not complying with that order.

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