The United States has deported more than 250 alleged gang members, primarily from Venezuela, to El Salvador, despite a ruling from a US judge aimed at halting these flights. The deportations occurred after former President Donald Trump invoked the Alien Enemies Act, a law from 1798 that is traditionally employed during wartime. El Salvador's President, Nayib Bukele, confirmed that 238 members of the Venezuelan gang Tren de Aragua and 23 members of the Salvadoran gang MS-13 are now in custody. This transfer is part of a controversial agreement in which the US compensates El Salvador to detain these individuals in its 40,000-person capacity “terrorism confinement centre”.
The confirmation of these deportations came just hours after US District Judge James Boasberg expanded his ruling to temporarily block the Trump administration from using the Alien Enemies Act for mass deportations. The White House, however, asserted that the judge lacked the authority to intervene. White House Press Secretary Karoline Leavitt stated, “A single judge in a single city cannot direct the movements of an aircraft ... full of foreign alien terrorists who were physically expelled from US soil.” She further claimed that the court had “no lawful basis” for its ruling.
Judge Boasberg had attempted to prevent deportations for individuals eligible for removal under Trump’s proclamation, which was issued just a day prior. He even ordered that deportation flights already en route return to the US. In a sarcastic response, Bukele tweeted “Oopsie … Too late,” followed by a laughing emoji, indicating his disregard for the ruling.
US Secretary of State Marco Rubio expressed gratitude towards Bukele for his cooperation, stating, “Thank you for your assistance and friendship, President Bukele.” He highlighted that the US had sent “2 dangerous top MS-13 leaders plus 21 of its most wanted back to face justice in El Salvador.” Rubio emphasized that this deal was beneficial, asserting it would save taxpayer dollars while ensuring that over 250 alien enemy members of Tren de Aragua would be housed in El Salvador's “very good jails.”
Trump’s invocation of the Alien Enemies Act aimed to expedite the deportation of suspected gang members he accused of “unlawfully infiltrating” the US. The Tren de Aragua gang was formally designated as a “foreign terrorist organization” last month, with Trump alleging they were engaged in “irregular warfare” against the US.
The Alien Enemies Act has a controversial history, having been used only three times before, most recently during World War II when it targeted Germans, Italians, and Japanese-American civilians. Initially passed by Congress in anticipation of a possible war with France, it was also invoked during the War of 1812 and World War I. Critics, including lawyers from the American Civil Liberties Union, argue that using this law to target a criminal gang rather than a recognized state is unconstitutional.
Patrick Eddington, a legal expert at the Cato Institute, described the White House's actions as “open defiance” of the judicial ruling, labeling it as the most radical challenge to America’s system of checks and balances since the Civil War.
The deported individuals are being sent to El Salvador’s multimillion-dollar “terrorism confinement centre”, known by its Spanish acronym Cecot. This facility is central to Bukele’s contentious anti-gang strategy, which has seen tens of thousands jailed since its initiation in March 2022. Opened at the beginning of 2023, the 40,000-capacity mega-prison has become a focal point for right-wing populists in Latin America, eager to showcase their crime-fighting credentials.
International reactions to the conditions inside Cecot have been mixed. Australian journalist Liam Bartlett described the prison as a “hellhole,” detailing harsh living conditions that include prisoners sleeping on cold steel frames and limited access to basic sanitation. Human rights advocates have condemned the mass imprisonments, which have occurred largely without legal oversight, resulting in the deaths of over 100 inmates since the crackdown began.
Both the US and El Salvador have not provided immediate evidence to substantiate the claims that the Venezuelan prisoners sent to Cecot this weekend are indeed gang members or have been convicted of any crimes.
