Judge James E. Boasberg, chief judge of the Federal District Court in DC, stands for a portrait at E. Barrett Prettyman Federal Courthouse. (Photo by Carolyn Van Houten/The Washington Post via Getty Images) ((Washington Post via Getty Images))
The Justice Department is almost certain to appeal the order.
Monday's ruling adds new clarity to a complex immigration case that began 10 months prior, and which sparked a flurry of appeals, contempt inquiries, and open questions as to the status of the CECOT plaintiffs, and the ability the U.S. has to order their return.
Boasberg said Monday that the U.S. appeared to be operating with the knowledge that it had some level of constructive custody over the migrants detained at CECOT, citing the terms of an agreement made between the U.S. and El Salvador to house the migrants for at least a one-year period.
He also cited multiple public remarks from DHS Secretary Kristi Noem and other senior DHS officials, which appear to cast CECOT as an "extension" of U.S. detention facilities.
"These statements strongly undermine the Government’s contention that El Salvador retains complete discretion over what to do with individuals" removed from the U.S., he noted.
JUDGES V TRUMP: HERE ARE THE KEY COURT BATTLES HALTING THE WHITE HOUSE AGENDA
Department of Homeland Security Secretary Kristi Noem speaks during a tour of the Terrorist Confinement Center (CECOT) on March 26, 2025. (Alex Brandon-Pool/Getty Images)
Still, the new ruling is almost certain to face fierce opposition from Trump officials, who have assailed Boasberg and other judges who have blocked or paused the president's flurry of executive orders as "rogue, activist" judges, whom they argue are overstepping their authority.
They argue that lower court judges should not have the power to prevent the president from executing what administration officials say is a lawful agenda – though the judges in question have disagreed that the president's actions all follow the law.
Boasberg, the chief judge for the U.S. District Court, has appeared unfazed by the new level of scrutiny.
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He told the Justice Department in November that he "certainly intends to determine what happened" on the day the government either intentionally or unintentionally violated his emergency order intended to halt the Alien Enemies Act removals.
The government, he said, "can assist me to whatever degree it wishes."
Breanne Deppisch is a national politics reporter for Fox News Digital covering the Trump administration, with a focus on the Justice Department, FBI and other national news. She previously covered national politics at the Washington Examiner and The Washington Post, with additional bylines in Politico Magazine, the Colorado Gazette and others. You can send tips to Breanne at Breanne.Deppisch@fox.com, or follow her on X at @breanne_dep.
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