During a recent court hearing in Washington, President Donald Trump’s statements cast doubt on the government’s position regarding the custody of men deported to El Salvador under the Alien Enemies Act. Chief U.S. District Judge James Boasberg scrutinized comments made by Trump, Press Secretary Karoline Levitt, and Homeland Security Secretary Kristi Noem, which suggested that the U.S. maintained a level of control over the individuals at the CECOT facility in El Salvador—contrary to the government’s claims of non-custody.
Boasberg specifically highlighted Trump’s assertion that he could facilitate the return of Abrego Garcia with a simple phone call, probing Deputy Assistant Attorney General Abhishek Kambli on whether this reflected truthfulness. Kambli initially contended that influence does not equate to constructive custody, which refers to the government’s ability to exert control over individuals even when not physically detaining them.
The judge pointed out that evidence, including grants intended for law enforcement needs related to recent deportees, leaned towards the plaintiffs’ argument for constructive custody. Kambli was also asked if sending individuals to CECOT without due process could violate their rights; he hesitated to affirm this directly.
Boasberg required the Trump administration to submit sworn declarations from officials regarding custody issues. He also tasked lawyers from the ACLU and Democracy Forward with reviewing this information for possible further discovery. The Supreme Court had recently lifted a temporary block on deportations under the Alien Enemies Act but did not address the legality of its invocation, a detail Boasberg reminded Kambli of during the hearing. The complexities of the situation continue to unfold as legal challenges progress.
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