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Rubio Claims U.S. Lacks Information on 137 Venezuelan Deportees After July Prisoner Swap

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Rubio’s filing states the government cannot locate the 137 deportees Senator Marco Rubio told a federal court that the United States has no record of where the 137 Venezuelan migrants, removed under the Alien Enemies Act last year, are currently held, despite their alleged ties to the Tren de Aragua gang and their detention in El Salvador [1]. The filing links the deportations to wartime authority invoked by the Trump administration in March 2025, which has faced ongoing legal challenges [1]. Rubio argues that providing due‑process hearings now would be diplomatically problematic given the elapsed time and the broader U.S.–Venezuela policy context [1].

Legal battles shape the enforcement of the Alien Enemies Act Civil‑rights groups ACLU and Democracy Forward sued over the Act’s use, prompting Judge Boasberg to temporarily block its enforcement while litigation proceeds [1]. The Supreme Court later permitted the Act’s application but mandated that migrants receive proper notice to allow habeas‑corpus petitions, balancing wartime powers with procedural safeguards [1]. These rulings underscore the tension between executive immigration authority and constitutional due‑process guarantees [1].

July prisoner swap freed 252 Venezuelans, including the 137 In July 2025, El Salvador released 252 Venezuelan nationals as part of a broader prisoner exchange with the United States, a deal that encompassed the 137 individuals highlighted in Rubio’s filing [1]. The swap exchanged the Venezuelans for U.S. citizens held abroad , illustrating how immigration enforcement intersected with diplomatic negotiations [1]. Rubio cited the release as evidence of the complex bilateral arrangements influencing the deportees’ status [1].

December court order demands meaningful contestation opportunities A federal judge’s December 2025 ruling required the government to devise mechanisms for the deported migrants to meaningfully challenge their removals [1]. Rubio contends that the passage of time makes implementing hearings or notices impractical , framing the issue as one of national policy rather than merely legal procedure [1]. The filing emphasizes the difficulty of reconciling due‑process obligations with the logistical realities of the deportations [1].

Sources

Timeline

Mar 2025 – The Trump administration invokes the 1798 Alien Enemies Act, designates the Tren de Aragua gang as a Foreign Terrorist Organization, and deportes 137 Venezuelans to El Salvador’s “Terrorism Confinement Center” without hearings, sparking immediate legal challenges over due‑process violations [3].

Mar 2025 – Two planeloads of the deportees land at the Salvadoran prison despite a verbal order from Judge Boasberg to turn the aircraft around, intensifying the clash between the judiciary and the executive [5].

Jul 2025 – El Salvador releases 252 Venezuelan nationals, including the 137 deported migrants, in a prisoner‑swap deal with the United States, framing the removals within broader bilateral negotiations [1].

2025 (Supreme Court) – The Supreme Court permits enforcement of the Alien Enemies Act but rules that officials must give migrants adequate notice so they can file habeas petitions, balancing wartime powers with procedural safeguards [1].

2025 (Legal challenges) – The ACLU and Democracy Forward file lawsuits that temporarily block the administration’s use of the wartime authority, highlighting ongoing disputes over executive immigration power [1].

Dec 23 2025 – Chief Judge James Boasberg orders the government to submit a plan by Jan 5 2026 to undo the March removals and to provide a meaningful opportunity for the 137 deportees to contest their designation and removal [3].

Dec 23 2025 – In a separate ruling, Boasberg mandates due‑process hearings for the Venezuelan migrants, stating they received “virtually no notice or opportunity to contest the bases for removal” and must be afforded proper procedural rights [5].

Dec 26 2025 – Judge Boasberg commands the administration to arrange the return of hundreds of deported Venezuelans within two weeks, granting them the right to challenge their expulsions in U.S. courts [2].

Dec 26 2025 – Around two dozen Venezuelan men in Caracas hold a press conference, alleging physical and psychological torture in the Salvadoran prison and demanding international bodies pursue their claims, while Maduro’s government prepares a major lawsuit against Trump and the United States [4].

Dec 26 2025 – Former detainee Ysqueibel Peñaloza tells reporters, “The court ruling grants us the opportunity for a fair hearing in the United States,” urging U.S. and Salvadoran authorities to comply with the order and assist the 252 former prisoners [2].

Jan 13 2026 – Senator Marco Rubio files a court brief stating the United States “does not know the whereabouts of the 137 Venezuelans deported under the Alien Enemies Act,” linking the filing to the December due‑process ruling and emphasizing the diplomatic complications of providing due process [1].

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