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 knownor does it have any way of knowingthe 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 judges December ruling requiring the US to find ways to give the migrants due process.
The secretary of states comments underscore the Trump administrations aggressive approach to immigration, which has escalated in recent months with federal agents sent to several cities for immigration enforcement. Mondays 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
Evolve Dammit
(21,526 posts)mpcamb
(3,181 posts)Buddyzbuddy
(2,156 posts)vapor2
(3,821 posts)ancianita
(42,955 posts)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)He TRIED and an Appellate court SMACKED HIM DOWN and knee-capped him -
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 Boasbergs efforts to hold accountable the administration officials who didnt follow his orders earlier this year.
(snip)
They left an opening for him to do more information-gathering -
the appeals court wiped away Boasbergs contempt ruling from April. Now, the entire appeals court has decided to keep that ruling intact. But the courts decision does not fully tie Boasbergs hands. Because of the way the appeals court ruled this summer and the courts 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 courts 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)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.