The Trump administration has faced significant backlash after transferring hundreds of immigrants to El Salvador, despite a federal judge's order temporarily prohibiting these deportations. This action occurred under an 18th-century wartime declaration that specifically targets Venezuelan gang members. Officials confirmed the flights were already en route when the ruling was issued on Sunday.
U.S. District Judge James E. Boasberg issued a restraining order late Saturday evening, effectively blocking the deportations. However, lawyers informed the court that two planes were already airborne—one heading to El Salvador and the other to Honduras. While Boasberg verbally directed that the planes be turned back, this instruction was not included in his written order, leading to the contentious situation. “Oopsie…Too late,” commented Salvadoran President Nayib Bukele, a supporter of Trump, in a post on social media platform X. His statement accompanied an article discussing Boasberg's ruling, which was later shared by White House communications director Steven Cheung.
Secretary of State Marco Rubio, who had previously negotiated an agreement with Bukele to house migrants, commented: “We sent over 250 alien enemy members of Tren de Aragua which El Salvador has agreed to hold in their very good jails at a fair price that will also save our taxpayer dollars.” The deportations were executed following Trump's invocation of the Alien Enemies Act of 1798, a law activated only three times in U.S. history. Historically, this law has been applied during World Wars I and II and the War of 1812, granting the president extraordinary powers to detain or remove foreigners who might otherwise be protected under immigration or criminal laws.
Notably, this law was last employed to justify the detention of Japanese-American civilians during World War II. The ACLU, which initiated the lawsuit resulting in Boasberg's temporary restraining order, is now investigating whether the deportations to El Salvador contravened the court's order. Lead lawyer Lee Gelernt stated, “This morning, we asked the government to assure the Court that its order was not violated and are waiting to hear, as well as trying to do our own investigation.”
In response to the deportations, Venezuela’s government condemned Trump's use of the Alien Enemies Act, likening it to “the darkest episodes in human history, from slavery to the horror of the Nazi concentration camps.” The Tren de Aragua gang, which originated in a notoriously violent prison in Aragua state, has been associated with the mass exodus of Venezuelans seeking better living conditions amid a crumbling economy.
During his campaign, Trump highlighted the gang in a bid to frame a narrative of communities being overrun by criminals, despite no evidence provided by his administration linking the deported migrants to gang activity or criminal conduct in the U.S. Additionally, two known members of the Salvadoran MS-13 gang were also deported to El Salvador, having been arrested in the United States.
Footage released by El Salvador's government depicted the deported individuals disembarking from planes, escorted by officers clad in riot gear. The video showed the men shackled and struggling to walk as they were directed by officers. After their arrival, they were transported to a prison in a heavily guarded convoy, where they underwent humiliating procedures, including head shaving, before being placed into cells at the infamous CECOT facility—a core element of Bukele's aggressive strategy to restore safety in a country previously plagued by violence.
The Trump administration stated that the president signed the proclamation declaring Tren de Aragua an invader on Friday night but did not make it public until Saturday afternoon. Immigration lawyers reported that by late Friday, Venezuelans who typically could not be deported under immigration laws were being moved to Texas for immediate deportation. This prompted legal action to halt the transfers.
“Basically any Venezuelan citizen in the U.S. may be removed on the pretext of belonging to Tren de Aragua, with no chance at defense,” warned Adam Isacson from the Washington Office for Latin America, a human rights organization. The litigation that led to Boasberg's order was initiated on behalf of five Venezuelans detained in Texas, who feared false accusations of gang affiliation.
Boasberg's restraining order prevents deportations for up to 14 days, during which the migrants will remain in federal custody. A hearing is scheduled for Friday to further deliberate on the case. Boasberg emphasized the urgency of the situation, stating that those facing deportation deserved an opportunity to present their cases in court. “Once they’re out of the country,” he noted, “there’s little I could do.”
As the situation unfolds, significant legal and humanitarian questions remain regarding the use of the Alien Enemies Act and how it affects the rights of immigrants in the U.S.
