Judge Orders Return of Deported Migrants at Taxpayer Expense

A federal judge has ordered the Trump administration to facilitate the return of 137 migrants deported to El Salvador in 2025, potentially at taxpayer expense. U.S. District Judge James Boasberg ruled Thursday that the government must pay airfare for individuals sent to the notorious CECOT prison under the Alien Enemies Act.

In his ruling, Boasberg argued that migrants should not bear the financial burden of their return. “This situation would never have arisen had the Government simply afforded Plaintiffs their constitutional rights before initially deporting them,” he wrote.

The decision marks the latest development in a contentious legal battle stretching back to March 2025, when Boasberg attempted to halt the administration’s deportations to El Salvador. While the Supreme Court ultimately allowed deportations to continue under the Alien Enemies Act in April, it mandated that detainees receive notice and an opportunity to challenge allegations against them.

In December, Boasberg ruled that the Trump administration denied these migrants due process rights. His latest order specifies that returning migrants “would be detained upon arrival” back to the United States, raising questions about how many will accept the opportunity to return.

Department of Homeland Security Assistant Secretary Tricia McLaughlin sharply criticized the ruling in a statement to Fox News Digital: “Nothing has changed; in addition to being in our country illegally, these aliens are foreign terrorists designated as alien enemies by the President. They were removed under the proper legal authorities.”

McLaughlin further claimed the 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.”

The migrants were deported under the Alien Enemies Act, a wartime immigration law from 1798 that the Trump administration invoked specifically to remove individuals with alleged ties to criminal organizations like Tren de Aragua (TdA) and MS-13. Both groups were designated as Foreign Terrorist Organizations by the State Department in February 2025.

Administration officials have consistently described those deported to CECOT as “violent savages” and terrorists who threaten U.S. security. However, an analysis by the Texas Tribune in May 2025 painted a more nuanced picture. Examining records of 238 migrants deported to El Salvador, the Tribune found only six faced serious violent charges in the U.S., including attempted murder and armed robbery. Another 32 deportees had been convicted of crimes in the U.S., many of which were nonviolent offenses.

DHS has defended its classifications, stating that 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 U.S.”

This case mirrors another recent ruling where a federal judge ordered the Trump administration to pay for the return of three migrant families that were ruled unlawfully deported under a 2023 humanitarian-parole settlement.

The ongoing legal battles highlight the tension between the administration’s aggressive immigration enforcement policies and judicial interpretations of due process requirements. Republicans have increasingly targeted Boasberg over his rulings on Trump-era policies, with the administration even backing potential judicial impeachment of Boasberg and other “rogue” judges earlier this year.

As the situation develops, questions remain about implementation, costs, and how many deportees will choose to return to U.S. detention rather than remain in El Salvador’s CECOT prison.