2026年2月12日 / 美国东部时间下午1:25 / 哥伦比亚广播公司新闻
华盛顿电 — 联邦法官周四下令特朗普政府协助部分委内瑞拉移民返回美国。此前，法官认定这些移民去年依据《敌国人民法》被非法驱逐至萨尔瓦多一座监狱，随后又被释放至其他国家。
美国地区法官詹姆斯·博阿斯伯格在简短意见中表示，可能希望返回美国继续申诉拘留和驱逐合法性的委内瑞拉人数量很少，并承认他们抵达后将被移民部门拘留。
不过，他要求代表这些委内瑞拉男子的律师在2月27日前告知他，有多少原告希望自行前往美国入境口岸，或希望从第三国被空运至美国参加法庭诉讼。
美国公民自由联盟（ACLU）代表这些移民的律师李·格勒恩特对哥伦比亚广播公司新闻表示：“这些人遭受了残酷虐待和折磨，因为特朗普政府将正当法律程序视为可随意选择的选项。法院对政府的拖延策略感到不满，现在已采取关键第一步，为这些人提供陈述案情的机会。”
博阿斯伯格的裁决源于去年12月的一项判决，当时法院认定特朗普政府剥夺了137名委内瑞拉人的正当法律程序权利。这些人去年3月依据《敌国人民法》被驱逐至萨尔瓦多，该战时法律被特朗普总统援引，用于快速驱逐被指控为特伦德阿拉瓜帮派成员的委内瑞拉人。
在案件早期阶段，法官已裁定政府违反了要求国土安全部将载有200多名委内瑞拉人的飞机掉头的命令。
博阿斯伯格周四写道：“在这种背景下，考虑到政府公然违反被驱逐者正当程序权利，导致原告陷入当前困境，法院拒绝让他们在被告提议的‘无解泥潭’中煎熬。正如最高法院在类似案件中要求的，法院将下令被告采取若干具体行动，为至少部分原告启动补救程序。同时，法院在处理外交事务时必须谨慎行事。”
法官援引最高法院的一项裁决，该裁决要求特朗普政府协助释放被萨尔瓦多拘留的基尔马尔·阿布雷戈·加西亚。一名高级移民官员承认，阿布雷戈·加西亚被错误地驱逐回其原籍国萨尔瓦多。
博阿斯伯格指出，尽管政府有机会提出协助委内瑞拉移民听证会的步骤，“但政府的回应实质上是让法院‘滚开’”。
他表示：“考虑到其他途径可能更有效，法院命令政府‘协助那些希望返回的原告从第三国返回’。其他原告可在海外继续提出额外法律诉求。”
法官强调，他的命令不适用于目前仍在委内瑞拉的人，因为上个月前委内瑞拉总统尼古拉斯·马杜罗被驱逐后，美委两国关系持续紧张。去年7月，萨尔瓦多同意囚犯交换，250多名被从美国驱逐至萨尔瓦多臭名昭著的CECOT监狱的委内瑞拉男子被送回原籍国。
博阿斯伯格写道：“政府有责任纠正其在此犯下的错误并提供补救途径。否则，政府可以随意将人从美国驱逐而不提供任何程序，一旦他们身处国外，就可以剥夺其回国听证或从海外陈述案情的权利。”
法官要求联邦政府支付希望返回美国者的机票费用，并要求特朗普政府归还任何被转移的护照和身份证件，同时“真诚努力”获取已转交萨尔瓦多的文件。
他补充道：“值得强调的是，如果政府在最初驱逐原告前就给予他们宪法权利，这种情况根本不会发生。”
在为这一补救措施辩护时，代表这些男子的 ACLU律师格勒恩特在早些时候的听证会上表示，他的团队仅联系到了少数被驱逐者。博阿斯伯格称，可能希望通过法律途径返回美国的委内瑞拉移民数量“即使不是零，也可能非常少”。
Judge orders Trump administration to facilitate return of some Venezuelan migrants deported under Alien Enemies Act
February 12, 2026 / 1:25 PM EST / CBS News
Washington — A federal judge on Thursday ordered the Trump administration to facilitate the return of certain Venezuelan migrants who he found were unlawfully deported to a Salvadoran prison under the Alien Enemies Act last year and then released into other countries.
U.S. District Judge James Boasberg said in a brief opinion that the number of Venezuelans who would likely want to be returned to the U.S. to continue challenging their detentions and removals is small, and acknowledged that they will be taken into immigration custody upon their arrival.
Still, he gave lawyers for the Venezuelan men until Feb. 27 to inform him of the number of plaintiffs who want to travel on their own to a U.S. port of entry or wish to be flown from a third country to the U.S. for court proceedings.
“These men suffered brutal abuse and torture because the Trump administration treated due process as optional,” Lee Gelernt, a lawyer with the ACLU who is representing the migrants, told CBS News. “The Court rightly has grown frustrated with the administration’s stalling tactics and has now taken the critical first step to provide these men with a chance to present their cases.”
Boasberg’s decision stems from a December ruling that the Trump administration had denied due process to a class of 137 Venezuelans who were deported to El Salvador last March under the Alien Enemies Act, a wartime law invoked by President Trump to summarily remove Venezuelans who were accused of being members of the gang Tren de Aragua.
In earlier stages of the case, the judge had determined that their removals were in defiance of an order that required the Department of Homeland Security to turn around planes bound for a Salvadoran prison with more than 200 Venezuelans on board.
“Against this backdrop, and mindful of the flagrancy of the Government’s violations of the deportees’ due-process rights that landed Plaintiffs in this situation, the Court refuses to let them languish in the solution-less mire Defendants propose,” Boasberg wrote Thursday. “The Court will thus order Defendants to take several discrete actions that will begin the remedial process for at least some Plaintiffs, as the Supreme Court has required in similar circumstances. It does so while treading lightly, as it must, in the area of foreign affairs.”
The judge cited a Supreme Court decision that required the Trump administration to facilitate the release of Kilmar Abrego Garcia from Salvadoran custody. A top immigration official had acknowledged that Abrego Garcia was mistakenly deported back to his home country of El Salvador.
Boasberg said that while he gave the government the opportunity to propose steps to facilitate hearings for the Venezuelan migrants who were challenging their detentions and their alleged gang membership, “the government’s responses essentially told the Court to pound sand.”
“Believing that other courses would be both more productive,” Boasberg wrote that he is ordering the government to “facilitate the return from third countries of those plaintiffs who so desire.” He said other plaintiffs can pursue additional legal claims from overseas.
Boasberg said his order does not apply to those who currently remain in Venezuela, citing ongoing tensions between the U.S. and Venezuelan government following the removal of former Venezuelan President Nicolas Maduro last month. Last July, El Salvador agreed to a prisoner swap in which over 250 Venezuelan men who were removed from the U.S. and sent to El Salvador’s notorious CECOT prison were returned to their home country.
Boasberg wrote that “it is up to the Government to remedy the wrong that it perpetrated here and to provide a means for doing so. Were it otherwise, the Government could simply remove people from the United States without providing any process and then, once they were in a foreign country, deny them any right to return for a hearing or opportunity to present their case from abroad.”
The judge said the federal government must pay for the air travel of those who wish to return to the U.S. He also required the Trump administration to return any passports and identification documents and make “good-faith efforts” to obtain the documents that were transferred to El Salvador.
“It is worth emphasizing that this situation would never have arisen had the Government simply afforded Plaintiffs their constitutional rights before initially deporting them,” Boasberg wrote.
In arguing for this remedy, Gelernt, the ACLU lawyer representing the men in this case, said in an earlier hearing that his team had only gotten in touch with a few of the men who were removed. Boasberg said that the number of Venezuelan migrants who may wish to return to the U.S. as they pursue legal remedies, “would likely be very small if not zero.”
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