Trump Administration Seeks Extension in Venezuelan Migrants Case Following Maduro Capture

The Trump administration has requested additional time to detail its plans for providing due process to nearly 150 Venezuelan migrants deported to El Salvador’s CECOT prison earlier this year, citing dramatic changes in Venezuela following the U.S. capture of Nicolás Maduro.

In a motion filed with U.S. District Judge James Boasberg, Justice Department lawyers referenced the “substantial changes on the ground in Venezuela” and the “fluid nature of the unfolding situation” after U.S. troops apprehended Maduro and his wife, Cilia Flores, in a surprise raid in Caracas.

The administration asked for seven more days to comply with the court’s previous order, which required them to submit plans by January 5 for providing due process protections to the migrants.

Judge Boasberg responded with a procedural rebuke, noting that the Justice Department had failed to follow a local court rule requiring defendants to first notify opposing counsel before requesting a delay. He ordered the DOJ to file the proper notice by the end of the day, leaving the matter temporarily unresolved.

The case stems from a controversial March deportation operation when the Trump administration used the Alien Enemies Act, a rarely-invoked 1798 immigration law, to remove 252 Venezuelan migrants to El Salvador’s maximum-security CECOT prison. The administration carried out these deportations despite an emergency court order seeking to block the immediate use of the law for quick removals.

The legal situation grew more complex in July when the migrants were transferred from El Salvador to Venezuela as part of a broader prisoner exchange that secured the release of at least 10 Americans detained in Venezuela. This transfer indicated a level of “constructive custody” by the U.S. government, as the court observed, further complicating the legal proceedings.

The exchange has made it difficult for ACLU lawyers representing the migrants to locate all members of the original group. Many fled Venezuela initially due to persecution fears and have gone into hiding since being returned. According to December court filings, 137 of the original 252 migrants still wish to pursue their due process cases.

Trump officials had claimed the deported individuals were members of the violent Venezuelan Tren de Aragua gang, though evidence supporting these designations has been disputed and deemed insufficient in many cases.

Last month, Judge Boasberg ordered the administration to provide a written plan to ensure due process for the migrants, giving officials two options: either return the migrants to the U.S. for in-person hearings or facilitate due process-compliant hearings abroad.

“On the merits, the Court concludes that this class was denied their due-process rights and will thus require the Government to facilitate their ability to obtain such a hearing,” Boasberg stated at the time. “Our law requires no less.”

The Justice Department’s extension request did not challenge the substance of the court’s order but focused solely on the changing circumstances in Venezuela following Maduro’s capture.

This latest development further delays resolution in a legal battle that has already been stalled for months due to appeals court rulings, national security information concerns, and a related contempt inquiry.

The case highlights ongoing tensions around immigration enforcement policies and due process rights for non-citizens under the Trump administration, particularly regarding the use of a centuries-old wartime immigration law for modern deportation operations.