US District Judge James Boasberg hears from Trump administration lawyers and the ACLU at the second trial Wednesday evening, focusing on President Donald Trump's use of the 1789 alien enemy law to deport certain immigrants.
Trump officials have tried to portray Boasberg, a well-known DC judge.
Unlike previous lawsuits heard by Boasberg in March, plaintiffs are asking the court to hear a greater demand for more permanent relief, in order to expel certain U.S. immigrants at a rapid rate.
The interim injunction is filed as a class and is seeking to protect two classes of immigrants. The detainees have already been transferred from the United States to the infamous Salvador prison.
Who is James Boasberg, a US judge at the heart of Trump's deportation efforts?
Judge James E. Boasberg DC of E. Barrett Prettyman Federal Courthouse (Carolyn Van Houten via Getty/Washington Post)
Plaintiffs are seeking broader, more lasting relief for two subclasses, or groups of individuals at risk who claim to be “significant and irreparable harm” under the alien enemy laws.
For US detainees who could be removed under the law, the plaintiffs have sought an order blocking removal under the AEA, and requested that at least 30 days' notice be provided prior to planned withdrawal by the Trump administration.
Immigrants who have already been deported to CECOT could face a more tricky path to relief.
President Donald Trump will speak at the FIFA Task Force meeting held in the East Room of the White House on May 6, 2025. (AP Photo/Mark Schiefelbein)
The plaintiffs asked Boasburg with an amended request to order the Trump administration to not only promote the return of already deported immigrants, but also to do so.
This could include the administration requesting Salvadoran contractors or agents to transfer individuals from CECOT to US “physical custody,” they said.
It is unclear whether the Trump administration will take steps to comply with the order. If Boasberg moves to admit that the plaintiff is seeking an injunctive relief. If their response was any indication, recent compliance seems unlikely.
Gang members will be seen in El Salvador after being deported from the US on March 31, 2025. Salvador President Naibe Buquere said he will be sent to CECOT prison in San Salvador. (Via Getty by El Salvador Press Presidential Office/Anadoru)
The hearing comes as the Trump administration has become increasingly rebellious in the face of a court order to return immigrants back to the US from CECOT, including two immigrants who were mistakenly deported to the largest security prison in March and returned to the US by two separate federal judges.
The administration refused to return them. So far, the Trump administration has not said whether migrants deported from the US have returned to CECOT under the law.
And the identities of these individuals can be difficult to track. To date, the Trump administration has not published a list of names of individuals deported to El Salvador under the alien enemy laws, and the Salvador government is also protecting its identity from public disclosure.
The administration's growing recalculation on the issue has sparked new concerns from Trump critics and some court observers.
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The plaintiff also cited fears of real harm to immigrants.
They said in their submission that there is no injunctive relief, the Trump administration would “have the freedom to send more individuals.”
