Federal judge probing whether Trump has the power to bring back migrants deported to El Salvador

CNN - May 7th, 2025
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A federal judge, James Boasberg, is pressing the Justice Department on President Donald Trump's claim that he could secure the return of migrants deported to a Salvadoran super prison. The judge is reviewing whether the U.S. has custody over these migrants after they were deported under Trump's invocation of the Alien Enemies Act. During a hearing, the judge referenced the case of Kilmar Abrego Garcia, wrongly deported under a different authority, questioning the DOJ on Trump's recent comments about easily negotiating his return. DOJ attorney Abhishek Kambli's indirect response led to frustration from Boasberg, who is now seeking more documentation from the Trump administration to ascertain the U.S.'s custody status over the migrants.

This case has broader implications as it questions the extent of presidential power and international diplomacy in immigration enforcement. The judge's request for more evidence highlights the complexities of determining custody when migrants are held in foreign prisons. The outcome of this case could impact how the U.S. government handles similar deportations in the future, and it tests the legal boundaries of wartime authorities. With the Trump administration asked to provide documentation by Friday, the migrants' lawyers will have a chance to request further discovery, though the judge has indicated this will be limited. An order detailing the next steps is expected on Thursday.

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RATING

6.0
Moderately Fair
Read with skepticism

The news story provides a timely and relevant account of ongoing legal proceedings involving deported migrants and President Trump's controversial comments. Its strengths lie in its clarity and focus on a significant public interest issue. However, the article's effectiveness is hindered by a lack of detailed analysis, diverse perspectives, and source transparency. While it captures attention and has the potential to influence public opinion, the story would benefit from a more comprehensive exploration of the legal context and the viewpoints of those directly affected by the deportations. Overall, the article serves as a useful overview of the situation but requires further depth and balance to fully inform readers.

RATING DETAILS

7
Accuracy

The story presents several factual claims, such as Trump's suggestion that he could secure the return of deported migrants and the legal proceedings involving Judge Boasberg. The accuracy of these claims hinges on verifying Trump's statements and the legal context around the Alien Enemies Act. The article does accurately report on the ongoing legal process and the judge's request for more information, which aligns with known facts. However, the story does not provide direct quotes or detailed evidence to support Trump's alleged claim, which requires further verification. The mention of Kilmar Abrego Garcia's case is consistent with known details, but the article lacks in-depth exploration of the legal intricacies involved.

6
Balance

The article primarily focuses on the judge's perspective and the legal proceedings, offering limited insight into the viewpoints of the migrants involved or the broader implications of Trump's statements. While it includes a brief response from a DOJ attorney, the lack of migrant voices or expert opinions on international law and deportation challenges suggests a potential imbalance. The story could benefit from a more comprehensive exploration of the perspectives of those directly affected by the deportations, as well as commentary from legal experts to provide a fuller picture of the situation.

7
Clarity

The article is generally clear in its presentation of the legal proceedings and the judge's inquiries. The language is straightforward, and the structure logically follows the progression of the court case. However, the story could benefit from more detailed explanations of legal terms and the context surrounding the deportations to aid reader comprehension. The tone remains neutral, but the lack of detailed background information may leave readers with unanswered questions about the broader implications of the case.

5
Source quality

The article does not clearly identify its sources, relying on general references to court proceedings and statements from a DOJ attorney. The credibility of the information would be strengthened by citing specific documents, transcripts, or interviews with key figures involved in the case. The absence of direct quotes from President Trump or official statements from the Salvadoran government further weakens the source quality. Including a broader range of sources, such as legal experts or human rights organizations, would enhance the depth and reliability of the reporting.

5
Transparency

The article provides a basic overview of the legal proceedings but lacks detailed context about the Alien Enemies Act and its implications for deported individuals. It does not disclose the methodology behind the claims or the basis for the judge's inquiries. Transparency would be improved by explaining the legal framework and potential outcomes of the case, as well as any conflicts of interest that might affect the reporting. The story could also clarify the relationship between the U.S. and El Salvador regarding deportation policies.

Sources

  1. https://www.cbsnews.com/baltimore/news/kilmar-abrego-garcia-el-salvador-maryland-man-deported/
  2. https://news.sky.com/story/democrat-senator-chris-van-hollen-who-met-wrongly-deported-man-kilmar-abrego-garcia-says-photos-of-pair-with-margaritas-are-staged-13351466
  3. https://www.cliniclegal.org/resources/removal-proceedings/what-happening-alien-enemies-act-kilmar-abrego-garcia-and-salvadoran
  4. https://abcnews.go.com/US/timeline-wrongful-deportation-kilmar-abrego-garcia-el-salvador/story?id=120803843
  5. https://abcnews.go.com/Politics/justice-department-investigating-2022-abrego-garcia-traffic-stop/story?id=121492776