The US deported hundreds of Venezuela’s in defiance of a court order

The Alien Enemies Act of 1798 and the 2024 Killing of Ronald Ojeda in Tren de Aragua

The Tren de Aragua’s most notorious alleged crime was the 2024 killing of Ronald Ojeda, a former Venezuelan army officer who conspired against Nicolás Maduro, the country’s authoritarian leader, then fled to Chile. Ojeda was taken from his apartment by a suspected gang member in a police uniform. Days later, his lifeless body was found stuffed in a suitcase and buried in cement. The two members of the group that were arrested are members of Tren de Aragua.

The Tocorn prison was mostly controlled by the gang, with a zoo, swimming pool, disco, restaurant and bar. From behind bars, its leaders ordered robberies, kidnappings and murders.

President Trump on Saturday issued a proclamation invoking the Alien Enemies Act of 1798 against Tren de Aragua. During a war or invasion, the law gives the president the authority to detain and deport nationals of an enemy nation. It’s the first time the act has been used since World War II.

The deportation of five men was halted on Saturday by a judge in Washington, D.C. He later added anyone covered by Trump’s declaration to the order. Another hearing in the case is set for March 21.

Immigrant rights advocates fear that invoking the act would also open the door for targeting and deporting others, regardless of their status or criminal records.

Rubio, the U.S. secretary of state, last month said El Salvador’s president had agreed to accept deportees from the U.S. of any nationality. The United States paid a very low fee to ensure the safe return of people deported from that country, according to the posts.

Government lawyers on Sunday wrote that “some gang members subject to removal under the Proclamation had already been removed from United States territory” by the time of the judge’s order at 7:26 p.m. on Saturday, which sought to block immediate deportations. The court filing was signed by the top Justice Department leaders, including Attorney General Pam Bondi and Deputy Attorney General Todd Blanche.

It is not clear what jurisdiction the U.S. courts have over the migrants. The White House wouldn’t say when the planes landed or if the migrants could be returned to the US in response to the court’s order.

The Trump administration has designated the organization as a foreign terrorist organization, since it operates in El Salvadoran and also originated in Los Angeles.

“Thanks to the great work of the Department of State, these heinous monsters were extracted and removed to El Salvador where they will no longer be able to pose any threat to the American People,” White House press secretary Karoline Leavitt said in a statement.

The Alien Enemies Act is a “state of war”: the ACLU’s Leone Gelernt says the U.S. Embassy will be transferred to CECOT

Lee Gelernt, the ACLU’s lead counsel on the case, said the administration’s use of the Alien Enemies Act is illegal because it’s up to Congress to declare a state of war that allows detention of so-called “foreign aliens.”

“The Alien Enemies Act cannot be used during peace time for regular immigration enforcement,” Gelernt said. It is clear in the statute that it can only be used against a foreign government. It has never in our country’s history been used during peacetime, much less against a gang.”

The president of El Salvador posted on Sunday a video of a group of people arriving in the country. He said they would be transferred to CECOT, the Terrorism Confinement Center in the country, for a period of one year.

El Salvador has used the CECOT “mega prison” to imprison alleged gang members as part of a broader crackdown that allows police to detain anyone they suspect of having gang affiliations, even without evidence.

“Thank you for your assistance and friendship, President Bukele,” Rubio said on social media on Sunday. El Salvador agreed to hold the people deported “in their very good jails at a fair price that will also save our taxpayer dollars,” Rubio added.