A federal judge on Thursday ordered the Trump administration to make arrangements to allow some of the Venezuelan migrants deported to a notorious prison in El Salvador to return to the U.S. at the government's expense.
The case has been a legal flashpoint in the administration’s sweeping immigration crackdown. It started in March after President Donald Trump invoked the 18th century Alien Enemies Act to send Venezuelan migrants accused of being gang members to a mega-prison known as the Terrorism Confinement Center, or CECOT.
In Thursday's ruling, U.S. District Judge James Boasberg in Washington criticized the White House’s response to his earlier order that it come up with a plan to give the men a chance to challenge their removals.
“Apparently not interested in participating in this process, the Government’s responses essentially told the Court to pound sand,” Boasberg wrote. Nominated to the federal bench by President Barack Obama, the judge has repeatedly clashed with the administration over the deportations.
White House spokesperson Abigail Jackson blasted Boasberg’s ruling, saying in a statement it was “an absurd, unlawful ruling from a far-left judicial activist trying to undermine the President’s lawful authority to carry about deportations.”
“Americans elected President Trump based on his promise to deport criminal illegal aliens and Make America Safe Again,” she said. "Boasberg has no right to stop the will of the American people, and this will not be the final say on the matter.”
The 137 men were later returned to Venezuela in a prisoner exchange brokered by the United States.
Lee Gelernt, their attorney in the U.S., said at a court hearing on Monday that plaintiffs' attorneys are in touch with a handful of them who have since managed to leave Venezuela and are now in a third country. These men are interested in clearing their names, he said.
Boasberg's order says U.S. officials must provide the men in third countries who wish to fly back to U.S. with a boarding letter. The government must also cover their airfare. He noted the men would be detained upon their return.
Those men and the migrants who remain in Venezuela can also file new legal documents arguing the presidential proclamation under which they were deported illegally invoked the 18th century wartime law, the judge ruled. The legal filings can also challenge their designation as members of the Tren de Aragua gang.
Boasberg said he could decide later whether to require hearings and how to conduct them, but it was up to the government to “remedy the wrong that it perpetrated here and to provide a means for doing so.”
“Were it otherwise, the Government could simply remove people from the United States without providing any process and then, once they were in a foreign country, deny them any right to return for a hearing or opportunity to present their case from abroad,” he wrote.
In March, Trump officials flew the Venezuelan men to the prison, despite a verbal order from Boasberg for the aircraft to turn around. Boasberg subsequently started a contempt investigation, though the dramatic battle between the judicial and executive branches has been paused by an appeals court.
The administration has denied violating his order.
Gelernt said in a statement on Thursday Boasberg had “begun the process of giving these men their right to challenge their removal.”
"Remarkably, although the government does not dispute the men were denied due process, it still was not willing to do what was right without a court order,” he said.
FILE - A mega-prison known as Detention Center Against Terrorism (CECOT) stands in Tecoluca, El Salvador, March 5, 2023. (AP Photo/Salvador Melendez, File)
Utah appeared to find a loophole in the NBA's player participation policy, but the league sent a message Thursday by hitting the Jazz with a $500,000 fine.
The NBA also docked the Indiana Pacers $100,000 for holding out Pascal Siakam and two other starters in a Feb. 3 game against the Jazz.
The policy was put in place in September 2023 to try to discourage clubs from purposely losing in order to improve their chances with the draft lottery. This year's draft is considered the strongest in several years, possibly incentivizing clubs like the Jazz to position themselves for a high pick.
The Jazz did not play stars Lauri Markkanen and Jaren Jackson Jr. in the fourth quarter of recent close games. Both played three quarters in recent road games against Miami and Orlando. The Magic rallied from 17 points down to win 120-117, but the Jazz defeated the Heat 115-111.
Jazz coach Will Hardy was asked after the game at Miami whether he considered playing Markkanen and Jackson in the fourth quarter.
“I wasn’t,” Hardy said succinctly.
In fining the Jazz said, the NBA said in its release “these players were otherwise able to continue to play and the outcomes of the games were thereafter in doubt.”
NBA Commissioner Adam Silver said in a statement the competition committee and team owners will work "to implement further measures to root out this type of conduct.”
“Overt behavior like this that prioritizes draft position over winning undermines the foundation of NBA competition and we will respond accordingly to any further actions that compromise the integrity of our games,” Silver said.
Silver likely will further address the topic when he meets with the media Saturday during All-Star weekend in Los Angeles.
“Agree to disagree ...,” Jazz owner Ryan Smith posted on social media. “Also, we won the game in Miami and got fined? That makes sense ...”
The NBA fined Utah $100,000 last season after the Jazz rested Markkanen in multiple games.
He and the recently-acquired Jackson are the building blocks for the Jazz to try to get back into contention. They traded with Memphis on Feb. 3 for the two-time All-Star and 2023 Defensive Player of the Year.
Jackson, however, will be out for the foreseeable future. He will undergo surgery over the NBA all-star break to remove a growth from his left knee, discovered by an MRI in a physical following the trade. Jackson averaged 22.3 points in 24 minutes per game after joining the Jazz.
Utah has prioritized player development with younger players on its roster at the expense of chasing wins. The front office is motivated to hold onto a first-round pick in this year's draft that is top-eight protected. Falling outside the bottom eight in the standings means Utah would lose that pick to Oklahoma City.
A number of teams, including the Jazz, would seem to have a great interest in securing a high selection for this year's draft.
One of those top prospects plays just south of Salt Lake. BYU's AJ Dybantsa is considered a likely top-three and potentially franchise-changing pick along with Duke's Cameron Boozer and Kansas' Darryn Peterson.
But it's also a deep draft where simply getting into the lottery could mean still getting a shot at a difference-making player.
The Jazz, 18-37 entering Thursday night's game against Portland, will miss the postseason for the fourth year in a row. This comes after a six-year stretch in which the Jazz made the playoffs each season.
Under the direction of CEO Danny Ainge and his son and team president, Austin, the Jazz ultimately are trying to return to the glory days when they didn't just make the playoffs. The John Stockton-Karl Malone teams in 1990s were regular championship contenders, making the NBA Finals in 1997 and 1998.
Freelance writer John Coon in Salt Lake City contributed to this report.
AP NBA: https://apnews.com/hub/NBA
Utah Jazz head coach Will Hardy watches play during the second half of an NBA basketball game against the Sacramento Kings, Wednesday, Feb. 11, 2026, in Salt Lake City. (AP Photo/Rob Gray)
Utah Jazz center Jaren Jackson Jr. (20) is defended by Orlando Magic forward Tristan da Silva, left, during the first half of an NBA basketball game, Saturday, Feb. 7, 2026, in Orlando, Fla. (AP Photo/Phelan M. Ebenhack)
Utah Jazz forward Lauri Markkanen (23) drives to the basket against Sacramento Kings center Maxime Raynaud (42) during the second half of an NBA basketball game, Wednesday, Feb. 11, 2026, in Salt Lake City. (AP Photo/Rob Gray)
