'Essentially told the Court to pound sand': Judge makes Trump admin pay for 'defiance' with airfare to US for 'third country' deportees who 'desire' return

A national justice successful Washington, D.C., has ordered the Trump administration to "facilitate the instrumentality from 3rd countries" of Alien Enemies Act deportees who "desire" to travel backmost to the United States arsenic habeas cases proceed, putting the authorities connected the hook for the costs of immoderate flights.

Chief U.S. District Judge James Boasberg, a thorn successful the broadside of the DOJ, successful aggregate instances Thursday chided the Trump medication for its "defiance" of a tribunal order, the "flagrancy" of its owed process violations, and the "solution-less mire" it presented connected the contented of habeas hearings for individuals taxable to President Donald Trump's Alien Enemies Act proclamation past March.

The case, J.G.G. v. Trump, established that 137 Venezuelan men were deported to El Salvador and elsewhere contempt Boasberg's bid connected March 15 blocking the flights. It's wherefore the justice has tried to propulsion criminal contempt proceedings guardant for months, to elicit grounds that could reply whether his bid was "willfully" violated.

From the opening lines of his seven-page order, it was wide Boasberg hasn't forgotten.

"On December 22, 2025, this Court issued a Memorandum Opinion uncovering that the Government had denied owed process to a people of Venezuelans it deported to El Salvador past March successful defiance of this Court's Order," helium wrote. "The Court offered the Government the accidental to suggest steps that would facilitate hearings for the people members connected their habeas corpus claims truthful that they could 'challenge their designations nether the [Alien Enemies Act] and the validity of the [President's] Proclamation.'"

Seeing the DOJ arsenic "apparently not funny successful participating successful this process" and arsenic having "essentially told the Court to lb sand," the justice decided to bid the Trump medication to act. Specifically, to facilitate the returns to the U.S. of radical deported to "third countries," countries wherever they are not citizens — if those individuals "so desire" to be hearings.

"[The court] volition besides licence different Plaintiffs to record their habeas supplements from abroad," the justice added.

Earlier successful the case, the DOJ cited the U.S.'s capture of Venezuelan person Nicolas Maduro to look a "narco-terrorism conspiracy" indictment arsenic a complicating origin for coming up with "remedies" to determination hearings forward. When Trump designated Tren de Aragua a Foreign Terrorist Organization, the pack was described arsenic "Nicolas Maduro regime-sponsored."

After the authorities sought and received an extension, it resisted holding distant hearings and said it preferred returning deportees to the U.S. without paying for the travel.

Now Boasberg has responded by holding the government's "violations" against it and making it wage for the airfare of nevertheless galore individuals mightiness beryllium flown backmost from 3rd countries, though helium noted "we are not talking astir a important fig of people."

"[T]he Court deems that a tenable request. It is unclear wherefore Plaintiffs should carnivore the fiscal outgo of their instrumentality successful specified an instance," helium said, portion "emphasizing that this concern would ne'er person arisen had the Government simply afforded Plaintiffs their law rights earlier initially deporting them."

In immoderate event, erstwhile returned to the U.S., the deportees would beryllium taken into custody. The aforesaid would beryllium existent for those who "wish to question independently" to a U.S. larboard of entry.

Cognizant of the U.S. cognition successful Venezuela, and "treading lightly, arsenic [he] must, successful the country of overseas affairs," Boasberg declined to bid the Trump medication to facilitate the instrumentality of "deportees remaining successful Venezuela."

Nonetheless, the justice allowed deportees successful 3rd countries oregon Venezuela to record documents challenging their Alien Enemies Act designations and their alleged Tren de Aragua memberships.

"Whether hearings volition beryllium required and the logistics of specified hearings whitethorn beryllium determined astatine a aboriginal date," helium said.