In a controversial move, President Donald Trump’s administration has executed the deportation of alleged members of the Venezuelan gang known as Tren de Aragua from the United States to El Salvador. This action occurred despite an existing court order that explicitly prohibited their expulsion from the country, raising significant legal questions and concerns about the rule of law.

This recent deportation is not an isolated incident but rather part of a broader initiative by the Trump administration aimed at removing foreign nationals from US soil. Among those deported are individuals accused of lacking proper documentation, as well as others who have been targeted in connection to campus protests. The implications of these actions are profound, prompting discussions about immigration policies and legal rights.

What Happened?

On Sunday, President Nayib Bukele of El Salvador announced that his country had accepted a total of 238 members of Tren de Aragua and an additional 23 members of the Salvadoran gang MS-13, who were deported from the United States. This significant transfer reflects ongoing international cooperation on matters related to security and crime.

Bukele had previously agreed to serve as a detention facility for these offenders during a meeting with Secretary of State Marco Rubio last month, indicating a deeper alignment between the two nations in dealing with gang-related issues. The recent deportees are now held at the Centre for the Confinement of Terrorism (CECOT) in El Salvador for a minimum duration of one year, a period that has the potential to be extended, thereby showcasing the serious nature of the allegations against them.

During his inauguration speech, President Trump emphasized his intent to apply the 1798 Alien Enemies Act, a proclamation solidified on Saturday through the signing of an official proclamation. This action asserts that Tren de Aragua is engaging in activities that threaten an “invasion or predatory incursion” against US territory. The proclamation delineates that all Venezuelan nationals, aged 14 or older, who are affiliated with the gang and who do not possess naturalized or lawful permanent US citizenship may be classified as “Alien Enemies” and are subject to removal.

In the wake of this proclamation, federal Judge James Boasberg, the chief judge of the District Court for the District of Columbia, issued a temporary restraining order intended to obstruct the Trump administration from invoking wartime powers for the purpose of executing such deportations. This judicial action was prompted by a prior hearing led by the American Civil Liberties Union (ACLU) aimed at protecting the rights of those possibly facing illegal expulsion.

However, hours after the issuance of this restraining order, President Bukele verified that the deportation had proceeded anyway. He highlighted this by sharing a fragment of a news article discussing the judge’s ruling, cheekily captioning it: “Oopsie … Too late,” complete with a laughing emoji, indicating a troubling disregard for judicial authority.

What is the Alien Enemies Act, and How Does It Work?

The Alien Enemies Act empowers US presidents to detain or deport noncitizens during times of war. Established in 1798 amid fears of a potential war with France, this law was introduced as a precaution against the possibility of immigrants siding with enemy forces. The scope of the act allows the president to proceed with deportations solely based on an individual’s nationality without the necessity for a formal hearing.

This particular legislative measure has a sparse history of application, being invoked only three times previously: during the War of 1812, World War I, and World War II. As such, the current invocation by Trump raises significant questions concerning its appropriateness in a peacetime context and the legal ramifications that might ensue.

Why is This Controversial?

The use of the Alien Enemies Act by Trump and his affiliates has sparked intense debate, as they claim that the United States faces a pressing threat of “invasion” from undocumented immigrants. In contrast, numerous critics argue that the act is being misused to circumvent established immigration laws. A detailed analysis from the Brennan Center for Justice has previously described invoking the act during peacetime as a “staggering abuse” of power, calling for the courts to nullify any such attempts to exploit this wartime authority.

The Fifth Amendment of the US Constitution guarantees the right to a grand jury, clarifying that “No person shall be held to answer for a capital, or otherwise infamous crime,” without a grand jury indictment, except in cases of wartime. The troubling implication of the Trump administration’s potential defiance of a judicial ruling exacerbates the ongoing controversy surrounding this situation. Patrick Eddington, a legal expert specializing in homeland security and civil liberties, described the administration’s actions as “open defiance” of Judge Boasberg’s order.

In defense of the administration’s actions, White House Press Secretary Karoline Leavitt asserted that a single judge lacks the authority to dictate the actions of the President concerning foreign affairs, framing the deportation as an essential and justified response to national security concerns. However, legal experts like Bruce Fein strongly contested this viewpoint, asserting that the President is not above judicial scrutiny and that federal courts possess jurisdiction over the executive branch. Fein emphasized that there remains a significant likelihood that Trump may have violated the judge’s order, advocating for due process and adherence to the rule of law.

The Administration did not ‘refuse to comply’ with a court order. The order, which had no lawful basis, was issued after terrorist TdA aliens had already been removed from U.S. territory. The written order and the Administration’s actions do not conflict. Moreover, as the Supreme… https://t.co/DnjUsuWTLH

— Karoline Leavitt (@PressSec) March 17, 2025

Responding to the backlash, Leavitt contended that the deportees were removed prior to the issuance of the court order; however, the specific timelines of the deportation flight remain uncertain. legal scholar Steve Vladeck commented that “a federal court’s jurisdiction does *not* stop at the water’s edge,” implying that these deportees should be returned even if they had exited US airspace by the time the judge made his order.

Fein further clarified that jurisdiction hinges on the presence of the defendant within the United States, reiterating that Trump is indeed a defendant in this case and could, therefore, be compelled to return deportees wrongly expelled from the country.

Why Were These People Sent to El Salvador?

The deportation to El Salvador stems from a strategic arrangement in which the US agreed to compensate the Salvadoran government for the detention of these individuals. President Bukele disclosed on social media that the Trump administration would provide approximately $6 million to facilitate the detention of about 300 alleged members of Tren de Aragua for a year. This financial support highlights the ongoing bilateral efforts to manage gang-related issues across borders, even as ethical and legal questions remain in focus.

Furthermore, Bukele publicly shared a video depicting handcuffed deportees undergoing harsh treatment, illustrating the conditions they face at the hands of Salvadoran authorities. Bukele remarked, “The United States will pay a very low fee for them, but a high one for us,” emphasizing the fiscal burden placed on El Salvador.

Today, the first 238 members of the Venezuelan criminal organization, Tren de Aragua, arrived in our country. They were immediately transferred to CECOT, the Terrorism Confinement Center, for a period of one year (renewable). The United States will pay a very low fee for them,… pic.twitter.com/tfsi8cgpD6

— Nayib Bukele (@nayibbukele) March 16, 2025

Historically, Venezuela has been reluctant to accept deportees from the United States, often resulting in the Trump administration directing Venezuelan deportees to third-party countries in Central America due to strained diplomatic relations. Clive Stafford Smith, a human rights attorney, noted that throughout the last month, Venezuela has accepted around 350 deportees, including about 180 who had been held at the US naval base in Guantanamo Bay for 16 days. As of 2022, estimations from the Pew Research Center indicate that there are approximately 275,000 unauthorized Venezuelan nationals residing in the US, a significant figure warranting attention.

What Is the CECOT?

The Centre for the Confinement of Terrorism (Centro de Confinamiento del Terrorismo, CECOT) is a maximum-security prison in El Salvador with the capacity to hold 40,000 inmates. This facility is where the alleged gang members deported by the US are now incarcerated. CECOT is known for its strict regulations, which prohibit visitations, education, and recreational activities, leaving inmates confined without opportunities for outdoor activities.

Opened in January 2023, CECOT was established following President Bukele’s mandate to intensify the country’s response to gang violence. It is strategically located in Tecoluca, approximately 72 km (or 45 miles) east of the Salvadoran capital, San Salvador, representing a significant investment in security infrastructure aimed at reducing the impact of gang-related crime.

What Is Tren de Aragua?

Tren de Aragua, which translates to “train of Aragua,” is recognized by the US government as a “foreign terrorist organization.” Although comprehensive information about the group is limited, previous media reports suggest its establishment in 2014 by Hector “El Nino” Guerrero and two accomplices during their time imprisoned in Tocoron prison situated in the Venezuelan state of Aragua. Notably, this gang has alleged control over prison operations, orchestrating criminal activities such as robberies, murders, and kidnappings from behind bars.

The gang is also purportedly responsible for the 2024 assassination of a former Venezuelan army officer, Ronald Ojeda, who conspired against President Nicolas Maduro. After a contentious election cycle, Maduro commenced his third consecutive six-year term in January, further complicating political dynamics in the region. A formal declaration from the White House asserts that Tren de Aragua is collaborating with the Cartel de los Soles, a Venezuelan regime-endorsed narco-terrorism entity, contributing to the ongoing crises of violence and instability.

What’s Next?

In a response to the evolving situation, President Trump has sought a stay from the Washington, DC Circuit Court concerning Judge Boasberg’s order. legal expert Bruce Fein predicts that this stay request is likely to be denied within a matter of days. Should this occur, Trump may escalate the matter to the US Supreme Court, where predictions suggest that the request is equally likely to be rejected.

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