A D.C. Circuit panel is weighing whether more than 100 Venezuelan men deported to El Salvador’s CECOT prison without hearings last year remain entitled to due process. The Justice Department argues their release means the U.S. cannot be required to return them or hold hearings.
ACLU attorney Lee Gelernt argued each man should have had a chance to contest his removal and the federal accusations that they were members of Tren de Aragua. U.S. attorney Tiberius Davis said the government no longer has sole custody; some men remain in El Salvador, while others went to Venezuela. The panel appeared mostly skeptical of the government’s argument but was unsure what remedy it could provide.
A New York Times investigation relying on U.S. intelligence assessments found that, among 238 people deported to CECOT in March 2025 under the Alien Enemies Act, 32 had serious criminal records and fewer than 32 had any connection to Tren de Aragua. A decision is not expected soon; the court issues rulings on oral arguments in about five months on average.
