The Trump administration has recently faced controversy over its decision to deport hundreds of immigrants to El Salvador, even after a federal judge issued a temporary restraining order against such deportations. This was done under the Alien Enemies Act of 1798, a law primarily employed during wartime, which the administration invoked to target Venezuelan gang members. Flights carrying migrants were already underway when U.S. District Judge James E. Boasberg issued his ruling on Saturday, blocking these deportations. Reports indicate that two planes were in the air at that time—one heading for El Salvador and the other for Honduras—leading to conflicting actions regarding the judge's orders.
President of El Salvador, Nayib Bukele, a supporter of Trump, appeared to downplay the situation with a social media post stating, "Oopsie...Too late," referencing the judge's ruling. Bukele has agreed to accommodate around 300 migrants in El Salvador’s prisons for a year, at a cost of $6 million. Secretary of State Marco Rubio, who previously negotiated the deal with Bukele, highlighted that over 250 alleged members of the Venezuelan gang Tren de Aragua were being housed in what he described as “very good jails.”
The Trump administration's actions have raised questions about legality and the lack of transparency surrounding the identities of the deported migrants. It remains unclear whether they are indeed linked to Tren de Aragua, a criminal organization formed in a notorious Venezuelan prison which has been a focal point in Trump's rhetoric regarding crime and immigration. Historically, the Alien Enemies Act has been used sparingly, with the last significant invocation occurring during World War II for the internment of Japanese Americans.
Upon learning about the deportations, the American Civil Liberties Union (ACLU) formally sought clarification from the government, questioning whether the removals to El Salvador violated the court's order. ACLU attorney Lee Gelernt emphasized the importance of ensuring compliance with the court's ruling while they continue to investigate the situation.
The Justice Department's response to Boasberg's order has been vague, with officials referring back to earlier criticisms of the ruling made by Attorney General Pam Bondi. Meanwhile, Venezuela's government condemned the use of the Alien Enemies Act, drawing parallels to historical atrocities and calling for respect for human rights.
The deported migrants, portrayed in a video released by the Salvadoran government, were shown entering El Salvador in shackles and being immediately transported to a prison compound. The CECOT facility, known for its harsh treatment, is part of Bukele's efforts to combat violence in the country. Reports indicate that in addition to the group of Venezuelans, two high-ranking members of the Salvadoran MS-13 gang, who were previously apprehended in the U.S., were also deported to El Salvador.
The timeline of events leading up to the deportations reflects a rush by the Trump administration to utilize the legal framework of the Alien Enemies Act. Just before the deportation orders were issued, immigration attorneys had started filing lawsuits aiming to halt the transfers of Venezuelans who might be wrongfully accused of association with the Tren de Aragua gang. The litigation initiated by five Venezuelans in Texas culminated in Judge Boasberg's bar on deportations, which is effective for up to 14 days while the case is evaluated. A hearing has been scheduled for an upcoming Friday to address further arguments surrounding what many believe to be an overreach of executive power.
With the temporary moratorium on deportations, Judge Boasberg expressed the necessity for the chance for migrants to contest their removal and ensure their rights are preserved. He remarked, "Once they're out of the country, there's little I could do," underscoring the urgency of judicial intervention in matters involving potential violations of constitutional rights.
