J.G.G. v. Trump (deportation DDC, 2025)
President Trump issued Proclamation 10903 invoking the Alien Enemies Act to detain and remove Venezuelan nationals alleged to belong to Tren de Aragua. Judge Boasberg entered temporary restraining orders and provisionally certified a class, and orally directed that the deportation flights be turned around; the government did not turn them around, and Judge Boasberg later opened contempt proceedings.
The Supreme Court, in Trump v. J.G.G., vacated the restraining orders, holding that challenges to removal under the Alien Enemies Act must be brought in habeas corpus in the district where the detainees are confined. But it also held that detainees are entitled to notice and a meaningful opportunity to seek habeas review before they are removed.
Judge Boasberg found that the class had been denied due process, and offered the government the chance to propose steps to give the deported men hearings on their habeas claims.
After the government declined to propose a workable remedy, Judge Boasberg ordered it to facilitate the return, at government expense, of class members in third countries who wish to challenge their removal, through boarding letters and parole at a U.S. port of entry, citing the Supreme Court's "facilitate" framework from Noem v. Abrego Garcia. He did not extend the order to men still in Venezuela, citing foreign-affairs concerns.
The government appealed the February 12 order to the D.C. Circuit (No. 26-5040), and, with the plaintiffs not opposing, the district court stayed the case pending that appeal.
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Overview
5 Venezuelan men threatened with immediate deportation due to the president's invocation of the Alien Enemies Act sued the Trump administration over the proclamation invoking the act to deport them.
The Facts
In March 2025, President Trump issued Proclamation 10903 invoking the Alien Enemies Act of 1798 to detain and remove Venezuelan nationals the administration accused of belonging to Tren de Aragua, and flew roughly 137 men to the CECOT prison in El Salvador. Judge Boasberg entered restraining orders and orally ordered the flights returned; the government proceeded with the removals.
The Supreme Court held that such challenges must proceed in habeas in the district of confinement but that detainees are entitled to notice and an opportunity to be heard before removal. Judge Boasberg later found the class had been denied due process and, in February 2026, ordered the government to facilitate the return of class members in third countries. The government has appealed, and the case is stayed.
The Issue
Issue
Whether the President's invocation of the Alien Enemies Act to authorize immediate deportation of Venezuelan nationals is lawful absent a declared war or invasion, and whether the expedited removal process violates constitutional due process rights.
The Rules
Rule
The Alien Enemies Act (50 U.S.C. § 21) authorizes presidential action against nationals of hostile powers during declared war or invasion, but such authority is subject to constitutional limitations and must comply with statutory prerequisites; all persons, including non-citizens, retain due process protections when facing removal from the United States.
The Application
Analysis
The plaintiffs challenge the proclamation as exceeding statutory authority because no declared war or invasion involving Venezuela exists, and the rapid deportation process allegedly provides insufficient notice and opportunity to be heard before removal, violating due process guarantees.
The Conclusion
Conclusion
The case remains active in the D.C. District Court before Judge James E. Boasberg, with the court considering whether the Alien Enemies Act invocation is constitutional and properly applied to these Venezuelan nationals.
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