The Trump administration has told a federal court that it no longer knows the whereabouts of more than 100 Venezuelan migrants deported last year under a wartime statute, arguing that efforts to provide them with court hearings would undermine U.S. foreign policy interests.
In a sworn declaration filed late Monday, Secretary of State Marco Rubio said the United States has lost track of 137 Venezuelans who were deported under the Alien Enemies Act and later transferred from an El Salvador prison back to Venezuela.
"Given the passage of time, the U.S. government does not know — nor does it have any way of knowing — the whereabouts of class members," Rubio said, including whether any have left Venezuela or been detained again.
The filing, reported by The Washington Post, responds to a December ruling by Chief U.S. District Judge James E. Boasberg, who found that the migrants were denied due process when they were deported in March without notice or an opportunity to challenge their removals. Boasberg ordered the administration to facilitate hearings, either by returning the men to the United States or by arranging proceedings from abroad, writing that "our law requires no less."
The case stems from President Donald Trump's March invocation of the 1798 Alien Enemies Act to deport alleged members of the Venezuelan gang Tren de Aragua. Four planeloads of Venezuelan men were flown to El Salvador's CECOT megaprison, despite a same-day order from Boasberg barring the removals. The men were later returned to Venezuela in July as part of a U.S.-brokered prisoner exchange.
Rubio said complying with the court's order would now be "untenable" following the U.S. capture of Venezuelan leader Nicolás Maduro earlier this month and the installation of interim authorities led by Delcy Rodríguez. He argued that arranging in-person or remote hearings for the migrants "would risk material damage to U.S. foreign policy interests in Venezuela," citing restricted civilian travel and concerns about tampering.
Attorneys for the ACLU and Democracy Forward told The Post that the migrants face ongoing risks in Venezuela and accused the administration of using foreign policy as a pretext to avoid compliance. "This ruling makes clear the government can't just send people off to a brutal foreign prison with zero due process and simply walk away," ACLU attorney Lee Gelernt said previously.
The Justice Department has asked Boasberg to stay any adverse ruling while it appeals. Separately, the judge is overseeing a paused contempt inquiry into whether administration officials violated his earlier orders by proceeding with the deportation flights.
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