On March 14, President Donald Trump activated the Alien Enemies Act, an 1798 statute that grants him extensive authority to remove non-citizens during times of conflict.
He invoked that law specifically against Tren de Aragua, a Venezuelan gang which he persistently and inaccurately portrayed as part of an immigrant crime wave. Within 24 hours, over 130 Venezuelans were sent back to a prison in El Salvador despite a U.S. judge instructing the aircraft transporting them to return.
Here's the information you should be aware of regarding this topic. the situation :
An 18th-century law
Trump had long promised to invoke the Alien Enemies Act to combat illegal immigration. The law crafted during the presidency of John Adams had been used just three times: during the War of 1812 and the two world wars.
The Trump administration started getting nearer to characterizing the migrant situation as a war, particularly by labeling it as such eight criminal organizations from Latin America, including Tren de Aragua, as "foreign terrorist organizations."
Tattoos as gang markers
U.S. immigration officials employ various "gang indicators" to identify members of Tren de Aragua. These can include clear signs like transporting narcotics alongside recognized gang affiliates.
Certain items stand out as particularly notable: Chicago Bulls jerseys, "upscale urban streetwear," along with tattoos featuring clocks, stars, and crowns, as stated in educational documents submitted to the court by the American Civil Liberties Union.
Common tattoos played a crucial role in identifying numerous deported individuals as Tren members, as stated in documents and by legal representatives.
One of these individuals was a makeup artist who mentioned that he escaped from Venezuela following his superior at a government-operated television station openly slapping him. Given the circumstances where political oppression and widespread homophobia are commonplace, it can be extremely challenging for a gay man to oppose the president. Nicolás Maduro .
Eager to start anew in America, Andry José Hernández Romero journeyed toward the north and set up a meeting at a U.S. entry point in San Diego.
Over there, he was questioned regarding his tattoos. Romero sports a crown inked on each of his wrists. One crown is beside the word "Mom," while the other is alongside "Dad." According to his attorney, these crowns not only honor his parents but also celebrate his town's Christmas tradition of the "Three Kings" celebration and reflect his involvement in beauty pageants.
Romero maintains he has no connections to Tren and was moved to a detention facility in California.
Later, on March 7, he was transferred to a facility in Laredo, Texas, which required a three-hour bus journey from the southern Texan city of Harlingen.
Collecting detained Venezuelans for removal proceedings
Two days prior to the March 14 deportations, aircraft leased by a division of U.S. Immigration and Customs Enforcement started arriving in Harlingen from various parts of the country, with some flights transporting apprehended Venezuelan individuals.
Legal papers subsequently revealed that for at least the prior seven days, Venezuelan males had been transported via buses and planes towards ICE’s El Valle Detention Facility, which is near the Harlingen airport, in numerous immigration holding centers across various locations.
Next, an analyst with the watchdog organization Witness at the Border spotted two flights set for Saturday departing from Harlingen to El Salvador. This stood out because deportations typically do not occur frequently on weekends, particularly from Harlingen heading to El Salvador. The analyst, Tom Cartwright, mentioned this observation; his social media accounts are widely followed within immigration communities.
Immigration lawyers push back
On March 14, just before the AlienEnemiesAct was set to be implemented and over a day prior to its announcement, information began circulating among a group of detained Venezuelan men at El Valle. Around 3 A.M., approximately 100 individuals were roused by guards who informed them they were being deported. However, ten hours later, these men found themselves back in their bunks. They learned that their departure had been called off as the flight was cancelled, but reassurances were provided that they would depart shortly thereafter.
In a matter of hours, an unofficial legal network began scrambling to halt these deportations and collaborated with attorneys based in Texas who were preparing to submit federal court petitions.
Later that same Friday, as indications mounted that deportations might soon occur, two organizations dedicated to legal advocacy—the ACLU and Democracy Forward—deemed it necessary to take proactive action by filing suit ahead of time.
They devoted several hours to composing a petition on behalf of five imprisoned Venezuelans who were concerned about potentially being wrongfully identified as part of Tren and subsequently deported.
Ultimately, late Friday night into early Saturday morning, they submitted their plea to the U.S. District Court in Washington, aiming to stop all expulsions under the Alien Enemies Act.
The judge weighs in
Later that day, Judge James E. Boasberg put in place a short-term restraining order In reaction to the ACLU's legal action, they set up a hearing for 5 p.m.
In Texas, however, events progressed more rapidly. Authorities assembled detainees from the El Valle detention facility, instructing them to board buses bound for the airport. According to the White House, these flights transported a combined total of 261 individuals who were being removed from the country. This group included 137 Venezuelan nationals deported pursuant to the Alien Enemies Act, 101 people expelled under various other immigration laws, as well as 23 members of the MS-13 gang originating from El Salvador.
About 4 p.m. the White House posted Trump’s proclamation invoking the Alien Enemies Act.
About an hour later, Boasberg initiated his hearing via Zoom.
He inquired if the administration intended to expel individuals mentioned in the proclamation "In the coming 24 to 48 hours," the ACLU cautioned that deportation flights were imminent. Deputy Assistant Attorney General Drew Ensign stated that he had no information regarding the specifics of these flights.
Ultimately, Boasberg handed down a fresh directive halting deportations carried out via the AlienEnemiesAct. He stated that all aircraft in flight should return.
"This is something that needs to be complied with immediately," he informed Ensign.
At that point, two ICE Air aircraft were en route over the Gulf of Mexico and towards Central America. None of them changed course.
‘Oopsie’
The following day, El Salvador’s president shared via Twitter a headline from the New York Post stating that Boasberg had instructed the aircraft to return.
"Oopsie… Too late," Nayib Bukele posted, including a laughing/crying emoji.
The Trump administration is currently asking the Supreme Court for approval to restart the deportation of Venezuelan immigrants to El Salvador using the Alien Enemies Act. Boasberg might soon decide if there are reasons to hold someone in contempt of court for not adhering to his previous injunction.
Regarding the makeup artist Romero, he’s located within CECOT.