--- title: "Appeals court hears arguments on returning migrants deported to El Salvador" publication: "MediaBias News" url: "https://mediabias.news/politics/appeals-court-hears-arguments-on-returning-migrants-deported-to-el-salvador" api: "https://mediabias.news/api/v1/stories/appeals-court-hears-arguments-on-returning-migrants-deported-to-el-salvador" markdown: "https://mediabias.news/politics/appeals-court-hears-arguments-on-returning-migrants-deported-to-el-salvador.md" audio: "https://mediabias.news/api/audio/appeals-court-hears-arguments-on-returning-migrants-deported-to-el-salvador" category: "Politics" area: "United States" published: "2026-09-26T01:45:55.679Z" source_reported: "2026-09-25T21:44:28.046Z" updated: "2026-09-26T01:45:55.679Z" trust_score: 66 critic_score: 95 hype_score: 12 assessment_type: "coverage-and-source-reporting-analysis" fact_check_status: "not-performed" coverage_measured: "2026-09-26T03:23:54.524Z" --- # Appeals court hears arguments on returning migrants deported to El Salvador *Judges question jurisdiction and migrants' right to challenge deportations.* **Scores for the source reporting** (0-100, assessing the original journalism this article was written from, not this write-up): - Trust 66 of 100, higher is better. Trust 66: many named sources and court order, but no independent outlets or precise figures. - Craft 95 of 100, higher is better. Critic 95: clear quotes, reasons, specifics, next steps, coherent story. - Hype 12 of 100, lower is better. Hype 12: headline matches content, no sensational language. Scored by MediaBias News; method at https://mediabias.news/methodology. **The short version** - A U.S. appeals court heard arguments on whether to order the Trump administration to return Venezuelan migrants deported to El Salvador. - District Court Chief Judge James Boasberg had previously ordered the administration to arrange the migrants' return at government expense. - Two of the three appeals court judges appeared skeptical that the migrants have a right to return to the U.S. to challenge their deportations. - The case involves migrants deported under the 18th-century Alien Enemies Act. A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit heard arguments regarding an order for the Trump administration to facilitate the return of Venezuelan migrants deported to a prison in El Salvador. District Court Chief Judge James Boasberg had previously ordered the administration to arrange the migrants' return to the U.S. at government expense, stating the administration had refused to comply. The Justice Department appealed this order. During the hearing, Judges A. Raymond Randolph and Neomi Rao expressed skepticism about whether the deported migrants have a legal right to return to the U.S. to challenge their removal. A central issue is whether U.S. courts have jurisdiction over the migrants' claims, particularly given the U.S. government's assertion of "constructive custody" even after the migrants arrived in El Salvador. Judge Rao questioned the evidence presented by petitioners to demonstrate this control, while Circuit Judge Harry Edwards suggested the administration retained "co-control" and was "fully engaged" throughout the process. ## Disagreement on Migrants' Rights and Remedies Attorneys for the migrants argued that the Trump administration conceded it violated their constitutional rights by denying due process. They contended that the migrants' release from custody in El Salvador did not negate their right to return to the U.S. The government's attorney argued that the district court's order lacked jurisdiction and would "open the floodgates" to claims against the U.S. abroad. Judge Randolph noted that the migrants had been released from confinement in El Salvador and suggested their remedy was release, not return to the U.S. He also questioned if the case was moot since the migrants were no longer in custody. ## Omissions in coverage None of the right-rated digests mention the specific details about the Alien Enemies Act or the March 26, 2025, tour of the CECOT prison by then-Secretary of Homeland Security Kristi Noem, which were present in some left-rated digests and the full reports. ## Who covered it Shares of the 35 covering outlets with a published leaning rating: - Left: 63% (22) - Centre: 31% (11) - Right: 6% (2) 2 of 37 covering outlets carried no usable leaning rating and were excluded from those percentages. Coverage measured 2026-09-26T03:23:54.524Z. **Coverage watch:** developing. Checked 8 times; 0 checks found a material change. Most recently checked 2026-09-26T03:45:07.813Z. ## How the sides framed it ### Left - Left-rated reports highlighted that the migrants were sent to a "brutal prison" under the "archaic 18th-century wartime law" known as the Alien Enemies Act. These reports stated that the appeals panel "seemed inclined to agree" that the migrants are entitled to due process hearings. Several left-rated digests mentioned that more than 100 Venezuelan men were sent to the prison, a detail not present in the full reports. Some also included information about a March 26, 2025, tour of the CECOT prison by then-Secretary of Homeland Security Kristi Noem, a detail absent from the full reports. ### Centre - Centre-rated reports focused on the division within the appeals court panel regarding the order to facilitate the return of "dozens" of Venezuelan migrants deported to a "notorious prison" in El Salvador. These reports detailed the arguments presented by both the government and the migrants' attorneys, including the government's appeal of District Court Chief Judge James Boasberg's order. The skepticism expressed by Judges Randolph and Rao regarding the migrants' right to challenge their deportations was a key point in these accounts. ### Right - The two right-rated reports focused on the appeals court panel appearing divided on whether to block or uphold the order for the Trump administration to facilitate the return of Venezuelan migrants deported to El Salvador. These digests mentioned that the judges heard arguments from attorneys for the government and the migrants. **Provisional coverage gap:** right. The watch is not closed, so this is not yet a settled blindspot finding. ## Factuality profile of the covering outlets These are published factuality ratings of the outlets, not a verdict on whether this story or its claims are true. - high: 21 - unknown: 2 - veryHigh: 14 ## Verification scope This page compares coverage and scores the source reporting. It is not a ClaimReview verdict on whether the underlying event or claim is true. ## Original reporting this was written from - [Dailyfly - Lewis Clark Valley News](https://dailyfly.com/2026/09/25/venezuelan-men-shipped-to-brutal-prison-under-alien-enemies-act-ask-court-for-due-process) — Venezuelan men shipped to brutal prison under Alien Enemies Act ask court for due process - [Colorado Newsline](https://coloradonewsline.com/2026/09/25/repub/venezuelan-men-alien-enemies-act-due-process) — Venezuelan men shipped to brutal prison under Alien Enemies Act ask court for due process - [Michigan Advance](https://michiganadvance.com/2026/09/25/repub/venezuelan-men-shipped-to-brutal-prison-under-alien-enemies-act-ask-court-for-due-process) — Venezuelan men shipped to brutal prison under Alien Enemies Act ask court for due process - [Oregon Capital Chronicle](https://oregoncapitalchronicle.com/2026/09/25/repub/venezuelan-men-shipped-to-brutal-prison-under-alien-enemies-act-ask-court-for-due-process) — Venezuelan men shipped to brutal prison under Alien Enemies Act ask court for due process - [The Daily Advance](https://dailyadvance.com/news/national/appeals-court-appears-divided-in-case-over-venezuelan-migrants-deported-to-el-salvador-prison/article_fbd05050-6e65-5ec2-b3e0-517226f981a8.html) — Appeals court appears divided in case over Venezuelan migrants deported to El Salvador prison - [oklahomavoice.com](https://oklahomavoice.com/2026/09/25/repub/venezuelan-men-shipped-to-brutal-prison-under-alien-enemies-act-ask-court-for-due-process) — Venezuelan men shipped to brutal prison under Alien Enemies Act ask court for due process • Oklahoma Voice - [Utah News Dispatch](https://utahnewsdispatch.com/2026/09/25/repub/venezuelan-men-shipped-to-brutal-prison-under-alien-enemies-act-ask-court-for-due-process) — Venezuelan men shipped to brutal prison under Alien Enemies Act ask court for due process - [Iowa Capital Dispatch](https://iowacapitaldispatch.com/2026/09/25/repub/venezuelan-men-shipped-to-salvadoran-prison-ask-court-for-due-process) — Venezuelan men shipped to Salvadoran prison ask court for due process - [Louisiana Illuminator](https://lailluminator.com/2026/09/25/repub/venezuela-alien-enemies) — Venezuelans shipped to brutal prison under Alien Enemies Act ask court for due process - [My Mother Lode](https://mymotherlode.com/news/national/11168338/appeals-court-appears-divided-in-case-over-venezuelan-migrants-deported-to-el-salvador-prison.html) — Appeals court appears divided in case over Venezuelan migrants deported to El Salvador prison - [Pittsburgh Post-Gazette](https://post-gazette.com/news/world/2026/09/25/appeals-court-venezuela-migrants-deported-el-salvador-prison-trump/stories/202609250057) — Appeals court appears divided in case over Venezuelan migrants deported to El Salvador prison - [washingtonsun.com](https://washingtonsun.com/immigration/appeals-court-venezuelans-sent-to-cecot-return) — Appeals Court Weighs Whether the U.S. Should Bring Back Venezuelans Sent to CECOT - [South Dakota Searchlight](https://southdakotasearchlight.com/2026/09/25/repub/venezuelan-men-shipped-to-brutal-prison-under-alien-enemies-act-ask-court-for-due-process) — Venezuelan men shipped to brutal prison under Alien Enemies Act ask court for due process - [The Record](https://troyrecord.com/2026/09/25/trump-deportations-el-salvador-prison-appeals-court) — Appeals court appears divided in case over Venezuelan migrants deported to El Salvador prison - [Alaska Beacon](https://alaskabeacon.com/2026/09/25/repub/venezuelan-men-shipped-to-brutal-prison-under-alien-enemies-act-ask-court-for-due-process) — Venezuelan men shipped to brutal prison under Alien Enemies Act ask court for due process - [Wisconsin Examiner](https://wisconsinexaminer.com/2026/09/25/repub/venezuelan-men-shipped-to-brutal-prison-under-alien-enemies-act-ask-court-for-due-process) — Venezuelan men shipped to brutal prison under Alien Enemies Act ask court for due process - [WBAL](https://wbal.com/appeals-court-appears-divided-in-case-over-venezuelan-migrants-deported-to-el-salvador-prison) — Appeals court appears divided in case over Venezuelan migrants deporte - [The Seattle Times](https://seattletimes.com/nation-world/nation/appeals-court-appears-divided-in-case-over-venezuelan-migrants-deported-to-el-salvador-prison) — Appeals court appears divided in case over Venezuelan migrants deported to El Salvador prison - [Washington Top News](https://wtop.com/us-politics/2026/09/appeals-court-appears-divided-in-case-over-venezuelan-migrants-deported-to-el-salvador-prison) — Appeals court appears divided in case over Venezuelan migrants deported to El Salvador prison – WTOP News - [The Toronto Star](https://thestar.com/news/world/united-states/appeals-court-appears-divided-in-case-over-venezuelan-migrants-deported-to-el-salvador-prison/article_84e434c5-6011-5461-a906-05bc71b67c3a.html) — Appeals court appears divided in case over Venezuelan migrants deported to El Salvador prison - [Newsday](https://newsday.com/news/nation/trump-deportation-return-venezuela-salvador-cecot-h51145) — Appeals court appears divided in case over Venezuelan migrants deported to El Salvador prison - [Associated Press News](https://apnews.com/article/trump-deportation-return-venezuela-salvador-cecot-672ce73d3222ee6b7708c5037dbd4518) — Appeals court appears divided in case over Venezuelan migrants deported to El Salvador prison - [MY Northwest](https://mynorthwest.com/national/appeals-court-appears-divided-in-case-over-venezuelan-migrants-deported-to-el-salvador-prison/4279929) — Appeals court appears divided in case over Venezuelan migrants deported to El Salvador prison - [Ottumwa Courier](https://ottumwacourier.com/news/national_news/appeals-court-appears-divided-in-case-over-venezuelan-migrants-deported-to-el-salvador-prison/article_25e14169-60c1-5159-99d4-2cb473ae18f4.html) — Appeals court appears divided in case over Venezuelan migrants deported to El Salvador prison - [The News-Gazette](https://news-gazette.com/news/nation-world/appeals-court-appears-divided-in-case-over-venezuelan-migrants-deported-to-el-salvador-prison/article_5af6adec-feb8-5893-b25e-4dbeebae5448.html) — Appeals court appears divided in case over Venezuelan migrants deported to El Salvador prison - [KXL](https://kxl.com/appeals-court-appears-divided-in-case-over-venezuelan-migrants-deported-to-el-salvador-prison) — Appeals court appears divided in case over Venezuelan migrants deported to El Salvador prison - [The EagleHerald](https://ehextra.com/news/nation_world/appeals-court-appears-divided-in-case-over-venezuelan-migrants-deported-to-el-salvador-prison/article_e08e7321-5c04-5583-8196-dfad9f831efa.html) — Appeals court appears divided in case over Venezuelan migrants deported to El Salvador prison - [KTBS](https://ktbs.com/news/national_politics/appeals-court-appears-divided-in-case-over-venezuelan-migrants-deported-to-el-salvador-prison/article_0ea1edcf-047a-54de-8e52-eaa2cd3e9f6a.html) — Appeals court appears divided in case over Venezuelan migrants deported to El Salvador prison - [arkansasadvocate.com](https://arkansasadvocate.com/2026/09/25/repub/venezuelan-men-shipped-to-brutal-prison-under-alien-enemies-act-ask-court-for-due-process) — Venezuelan men shipped to brutal prison under Alien Enemies Act ask court for due process - [New Hampshire Bulletin](https://newhampshirebulletin.com/2026/09/25/repub/venezuelan-men-shipped-to-brutal-prison-under-alien-enemies-act-ask-court-for-due-process) — Venezuelan men shipped to brutal prison under Alien Enemies Act ask court for due process - [westvirginiawatch.com](https://westvirginiawatch.com/2026/09/25/repub/venezuelan-men-shipped-to-brutal-prison-under-alien-enemies-act-ask-court-for-due-process) — Venezuelan men shipped to brutal prison under Alien Enemies Act ask court for due process • West Virginia Watch - [Source New Mexico](https://sourcenm.com/2026/09/25/repub/venezuelan-men-shipped-to-brutal-prison-under-alien-enemies-act-ask-court-for-due-process) — Venezuelan men shipped to brutal prison under Alien Enemies Act ask court for due process - [The Hamilton Spectator](https://thespec.com/news/world/united-states/appeals-court-appears-divided-in-case-over-venezuelan-migrants-deported-to-el-salvador-prison/article_f64c58b7-8a6e-5a22-b5d0-1c4f7f5c44de.html) — Appeals court appears divided in case over Venezuelan migrants deported to El Salvador prison - [The Record](https://therecord.com/news/world/united-states/appeals-court-appears-divided-in-case-over-venezuelan-migrants-deported-to-el-salvador-prison/article_b00d77ad-9d5f-582f-b300-978919b4df3a.html) — Appeals court appears divided in case over Venezuelan migrants deported to El Salvador prison - [Courthouse News Service](https://courthousenews.com/dc-circuit-split-on-returning-migrants-from-foreign-prisons) — DC Circuit split on returning migrants from foreign prisons - [Winnipeg Free Press](https://winnipegfreepress.com/world/2026/09/25/appeals-court-appears-divided-in-case-over-venezuelan-migrants-deported-to-el-salvador-prison) — Appeals court appears divided in case over Venezuelan migrants deported to El Salvador prison - [Durango Herald](https://durangoherald.com/articles/associated-press/appeals-court-appears-divided-in-case-over-venezuelan-migrants-deported-to-el-salvador-prison) — Appeals court appears divided in case over Venezuelan migrants deported to El Salvador prison ## Questions **What was the original court order regarding the deported migrants?** District Court Chief Judge James Boasberg ordered the Trump administration to arrange for the return of some deported Venezuelan migrants to the U.S. at the government's expense. The administration appealed this order. **What legal basis was used for the deportations?** The deportations were carried out under the 18th-century Alien Enemies Act. This archaic wartime law was invoked by then-President Trump to deport Venezuelan migrants accused of being gang members. **What are the main arguments before the appeals court?** The appeals court is considering whether U.S. courts have jurisdiction over the migrants' claims and whether the migrants have a right to return to the U.S. to challenge their deportations. The government argues the district court overstepped its authority. --- MediaBias News — https://mediabias.news. Reproduced from https://mediabias.news/politics/appeals-court-hears-arguments-on-returning-migrants-deported-to-el-salvador. Please cite as: MediaBias News, "Appeals court hears arguments on returning migrants deported to El Salvador", https://mediabias.news/politics/appeals-court-hears-arguments-on-returning-migrants-deported-to-el-salvador