Alleged members of “foreign terrorist cartel” Tren de Aragua may be brought back to the US after their deportations in 2025, and it could come at taxpayers’ expense.
US District Judge James Boasberg, who has repeatedly butted heads with the Trump administration, ordered the Trump administration Thursday to facilitate the return of 137 migrants deported to a notorious prison in El Salvador, CECOT, in 2025.
Boasberg stipulated in his ruling that the government pay for the migrants’ airfare back to the US, meaning taxpayers are likely footing the bill.
Boasberg argued that it’s “unclear why Plaintiffs should bear the financial cost of their return in such an instance,” noting that “this situation would never have arisen had the Government simply afforded Plaintiffs their constitutional rights before initially deporting them.”
The ruling comes as part of a nearly year-long saga during which the federal judge attempted to halt the Trump administration’s deportation of migrants to El Salvador under the Alien Enemies Act in March 2025.
The Supreme Court ultimately allowed the Trump administration to continue using the Alien Enemies Act to carry out deportations in April but ordered that detainees receive notice and an opportunity to challenge allegations.
Boasberg has since been wading through legal avenues with the men in El Salvador, issuing a ruling in December that the Trump administration denied them due process.
It is unclear how many of the men will actually take the offer and return to the US, with Boasberg noting that the noncitizens “would be detained upon arrival” back to the US.
Similar to Boasberg’s ruling, another federal judge this month ordered the Trump administration to pay for the return of three migrant families the judge ruled ICE unlawfully deported by a 2023 humanitarian parole settlement.
DHS Assistant Secretary Tricia McLaughlin told Fox News Digital Thursday in response to the ruling that the illegal aliens in El Salvador were removed under proper legal authority, before taking a shot as Boasberg.
“Nothing has changed; in addition to being in our country illegally, these aliens are foreign terrorists designated as alien enemies by the president,” McLaughlin told Fox News Digital.
“They were removed under the proper legal authorities. This case is no longer about the facts or law but about Judge Boasberg’s crusade to stop President Trump from doing the will of the American People. He has been shut down by appellate courts again and again on this case.”
Boasberg has become a prime target for Republicans over a string of rulings tied to Trump-era policies, including the Trump administration backing a potential judicial impeachment of the judge and other “rogue” judges in January.
The migrants in El Salvador were removed under The Alien Enemies Act, which is a 1798 wartime immigration law the Trump administration invoked to deport violent gang members with alleged ties to criminal organizations, such as Tren de Aragua (TdA).
TdA, as well as MS-13, were designated as foreign terrorist organizations by the Trump administration’s State Department in February 2025.
The administration has described those deported to the notoriously secure prison in El Salvador as “violent savages” and terrorists who pose a threat to U.S. security.
A previous analysis of 238 migrants deported to El Salvador found six faced attempted murder, assault, armed robbery, gun possession or domestic battery charges in the US, the Texas Tribune reported in May 2025.
Thirty-two other deportees had been convicted in the US of crimes, many of which were nonviolent, according to the outlet.
DHS has said deportees labeled “‘non-criminals” by the media are “terrorists, human rights abusers, gang members and more — they just don’t have a rap sheet in the US”
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