Trump's Executive Order Leads to Deportation of 200 Venezuelans Under 18th Century War Law
The administration's use of an outdated law to deport alleged gang members has sparked legal disputes and international controversy.
In a controversial move, the administration of former President Donald Trump issued an executive order on a recent Friday night invoking a little-known 18th-century law aimed at wartime deportations.
This directive resulted in the expedited deportation of over 200 Venezuelan immigrants, who are purportedly linked to a gang known as Tren de Aragua, to El Salvador.
Despite a court-issued emergency ban, Judge James E. Boasberg of a federal court in Washington temporarily prohibited the government from deporting any immigrants based on this legislation.
He expressed doubt that the law provided a valid legal basis for the president's actions, commanding that any flights carrying Venezuelan immigrants under this executive order must return to the United States.
Legal representatives from the American Civil Liberties Union (ACLU), which filed the lawsuit against the government, indicated that at least two flights had already taken off by Saturday night.
Judge Boasberg emphasized the need for compliance with his injunction, stating, "This is something the government must ensure is adhered to."
Salvadoran President Nayib Bukele, an ally of Trump, acknowledged the order's implications in a social media post, responding to the judge's ruling with, "Oopsie, too late." Bukele has agreed to accept 300 immigrants at an annual cost of six million dollars, a deal reportedly negotiated by U.S. Secretary of State Marco Rubio.
Rubio confirmed on Sunday that 250 alleged members of Tren de Aragua had been sent to El Salvador, where it is expected they will be held in prison.
Lee Gelernt, a lawyer for the ACLU, raised questions regarding whether the deportations themselves amounted to a challenge to the judge’s decision, stating, "We ask the government to assure the court that its order was not violated as we pursue our own investigation."
The legislation invoked, known as the Alien and Sedition Acts—specifically the Enemy Alien Act of 1798—permits summary deportations of individuals from countries at war with the United States.
Historically, this law has been applied sparingly, with instances observed during the War of 1812, World War I, and World War II, notably when Japanese Americans were interned.
The Trump administration's association of Tren de Aragua with past wartime adversaries reflects an effort to characterize the gang as a significant threat.
In an official statement, White House Press Secretary Karoline Leavitt deemed Tren de Aragua a "pressing threat," labeling it one of the most violent groups globally responsible for severe crimes within the country.
While there have been allegations against individuals identified as members of Tren de Aragua for serious offenses, overall crime rates in major U.S. cities have seen a general decline following a pandemic-related surge.
In response to the recent events, the Venezuelan government condemned the use of such wartime legalities, drawing parallels to some of history's darkest chapters, including slavery and Nazi concentration camps.
This directive resulted in the expedited deportation of over 200 Venezuelan immigrants, who are purportedly linked to a gang known as Tren de Aragua, to El Salvador.
Despite a court-issued emergency ban, Judge James E. Boasberg of a federal court in Washington temporarily prohibited the government from deporting any immigrants based on this legislation.
He expressed doubt that the law provided a valid legal basis for the president's actions, commanding that any flights carrying Venezuelan immigrants under this executive order must return to the United States.
Legal representatives from the American Civil Liberties Union (ACLU), which filed the lawsuit against the government, indicated that at least two flights had already taken off by Saturday night.
Judge Boasberg emphasized the need for compliance with his injunction, stating, "This is something the government must ensure is adhered to."
Salvadoran President Nayib Bukele, an ally of Trump, acknowledged the order's implications in a social media post, responding to the judge's ruling with, "Oopsie, too late." Bukele has agreed to accept 300 immigrants at an annual cost of six million dollars, a deal reportedly negotiated by U.S. Secretary of State Marco Rubio.
Rubio confirmed on Sunday that 250 alleged members of Tren de Aragua had been sent to El Salvador, where it is expected they will be held in prison.
Lee Gelernt, a lawyer for the ACLU, raised questions regarding whether the deportations themselves amounted to a challenge to the judge’s decision, stating, "We ask the government to assure the court that its order was not violated as we pursue our own investigation."
The legislation invoked, known as the Alien and Sedition Acts—specifically the Enemy Alien Act of 1798—permits summary deportations of individuals from countries at war with the United States.
Historically, this law has been applied sparingly, with instances observed during the War of 1812, World War I, and World War II, notably when Japanese Americans were interned.
The Trump administration's association of Tren de Aragua with past wartime adversaries reflects an effort to characterize the gang as a significant threat.
In an official statement, White House Press Secretary Karoline Leavitt deemed Tren de Aragua a "pressing threat," labeling it one of the most violent groups globally responsible for severe crimes within the country.
While there have been allegations against individuals identified as members of Tren de Aragua for serious offenses, overall crime rates in major U.S. cities have seen a general decline following a pandemic-related surge.
In response to the recent events, the Venezuelan government condemned the use of such wartime legalities, drawing parallels to some of history's darkest chapters, including slavery and Nazi concentration camps.
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