Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

BumRushDaShow

(166,030 posts)
Tue Jan 13, 2026, 06:22 PM 20 hrs ago

Rubio says US does not know whereabouts of 137 Venezuelans deported under the Alien Enemies Act

Source: CNN Politics

PUBLISHED Jan 13, 2026, 9:32 AM ET


The Trump administration does not know the whereabouts of 137 Venezuelans it unlawfully deported last year, Secretary of State Marco Rubio said, adding that attempting to offer them due process would impact US foreign policy interests in the country.

“Given the passage of time, the U.S. government does not know—nor does it have any way of knowing—the whereabouts of class members, including whether anyone has departed Venezuela or whether the (Nicolás Maduro) regime subsequently took anyone back into custody,” Rubio said in a court filing Monday responding to a federal judge’s December ruling requiring the US to find ways to give the migrants due process.

The secretary of state’s comments underscore the Trump administration’s aggressive approach to immigration, which has escalated in recent months with federal agents sent to several cities for immigration enforcement. Monday’s filing also comes after President Donald Trump has said the US will “run” Venezuela following the capture of Maduro earlier this month.

Considering those developments, Rubio argued that the matter of setting up hearings for those who were deported – whether that be by bringing them back to the US or through virtual hearings from Venezuela – “would risk material damage to U.S. foreign policy interests in Venezuela.” Judge James Boasberg had ruled in December that the 137 migrants “received constitutionally inadequate process” in March when they were not provided with meaningful notice or an opportunity to challenge their deportations under the Alien Enemies Act.

Read more: https://www.cnn.com/2026/01/13/politics/marco-rubio-venezuela-migrants-alien-enemies-act

8 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies

ancianita

(42,955 posts)
5. Boasberg should hold him & the rest in contempt, fine each of them $100,000 every single day until they turn up the 137
Tue Jan 13, 2026, 08:47 PM
17 hrs ago

on U.S. soil. He can make them pay or jail them for contempt. Their choice.
Court orders are typically enforced by the U.S. Marshals Service, which is part of the executive branch, but should no longer be under executive jurisdiction when an executive branch cabinet member is in contempt.

Rubio, et.al, do not have absolute immunity: The Supreme Court has long held that government officials may not willfully disobey court orders. High federal officials, including cabinet secretaries, do not have absolute immunity from court sanctions for official acts.
Civil Contempt Sanctions can involve coercive fines or, in rare cases, imprisonment until the official complies with the order.
This is not pardonable by the President.

BumRushDaShow

(166,030 posts)
7. "Boasberg should hold him & the rest in contempt"
Wed Jan 14, 2026, 04:09 AM
10 hrs ago

He TRIED and an Appellate court SMACKED HIM DOWN and knee-capped him -

(snip)

The DC Circuit Court of Appeals on Friday declined to reinstate an order from US District Judge James Boasberg that found “probable cause exists” to hold administration officials in criminal contempt for violating his prior orders to temporarily stop using the law to deport alleged Venezuelan gang members. The Friday appeals court ruling is the latest blow to Boasberg’s efforts to hold accountable the administration officials who didn’t follow his orders earlier this year.

(snip)


They left an opening for him to do more information-gathering -

(snip)

the appeals court wiped away Boasberg’s contempt ruling from April. Now, the entire appeals court has decided to keep that ruling intact. But the court’s decision does not fully tie Boasberg’s hands. Because of the way the appeals court ruled this summer – and the court’s decision on Friday to not disturb that ruling – Boasberg is able to move forward with his fact-finding inquiry around the officials involved in the matter, and several members of the court went out of their way to make that point clear Friday.

“The district court remains free to require the government to identify the decision makers who directed the potentially contemptuous actions and to carefully consider next steps,” three appeals court judges wrote in a statement respecting the court’s decision.


It's almost like the "homework assignment" that John Roberts gave to Judge Tanya Chutkin, telling her to determine what constituted "official duties" in the scheme of "immunity", and he'll get back to her... (never).

I.e., it's an endless bullshit way to stall and throw interference.

ancianita

(42,955 posts)
8. I hear you. Thanks. But that was for criminal contempt, right? This would be for civil contempt by cabinet officials.
Wed Jan 14, 2026, 05:01 AM
9 hrs ago

Cabinet secretaries have qualified immunity, not absolute immunity, for their official functions. What Roberts' maga 6 ruled doesn't apply here, and so won't stand up on appeal. Which is why so many in trump's cabinet have been sued for violating statutory or constitutional rights that a reasonable person would have known about.
Civil Contempt sanctions can involve coercive fines or even in this particular case, imprisonment until the official complies with the order.
Cabinet members just don't have a blanket immunity from the judicial process.
And past DOJ's have held that officials held in civil contempt should be forced to comply with court orders. Just not the Bondi DOJ.

Latest Discussions»Latest Breaking News»Rubio says US does not kn...