We are now witnessing the full effects of the Trump administration’s anti-immigration and mass deportation policies. Following the 2016 initiative to enhance border security with a wall, the administration has shifted its focus to those residing within the country.
These policies have affected a broad range of individuals, including legal immigrants, visa holders, students, and professionals with established ties in the U.S. Concerns have been raised about the legal processes being bypassed in certain cases, leading to deportations of individuals to countries where they have little to no connections. Additionally, questions remain about whether all those affected have committed any crimes.
In one such case, the White House invoked the Alien Enemies Act against a group of Venezuelans, alleging that they were involved with the Venezuelan gang, Tren de Aragua. The Alien Enemies Act can be invoked during a war between the U.S. and “any foreign nation or government” or when an “invasion or predatory incursion is perpetrated, attempted, or threatened against the United States.” The families of these immigrants claim they have been falsely accused and targeted. They were even more shocked and alarmed to learn that their loved ones had been sent to a massive prison in El Salvador instead of being deported to Venezuela.
Organizations, such as Human Rights Watch and Amnesty International, have documented extreme overcrowding and inhumane conditions in this prison. It is notorious for the brutal treatment of its inmates. Estimates suggest the facility houses between 10,000 and 20,000 prisoners with no privacy or basic comforts. During a visit, CNN reporters observed inmates sleeping on metal bunks without mattresses, sheets, or pillows. They drank water from a large jug, had a single bucket for washing, and shared an open toilet. Prisoners remain inside their cells for 23 and a half hours a day, with only a 30-minute break for group exercise or Bible readings.
An official from Immigration and Customs Enforcement (ICE) stated that most individuals deported under the act “do not have criminal records in the United States.” Many family members suspect their loved ones were targeted solely due to their tattoos. They report that during questioning by immigration and law enforcement officials, their relatives were repeatedly asked about tattoos and possible gang affiliations, to which they consistently answered “no.”
Joseph Giardinia, an attorney representing one of the deported Venezuelans, Fritzgeralth De Jesus, was just as shocked as the family by the deportation. “With a pending asylum application and a trial, this makes absolutely no sense… I’ve been doing this for years. That’s not how it works.”
White House Press Secretary Karoline Leavitt stated last Sunday that the administration did not violate the judge’s order because it was issued after the migrants in question had already left the U.S.
U.S. District Judge James Boasberg, who is presiding over the case, issued a 37-page ruling stating that individuals the Trump administration seeks to deport under the law must be given the opportunity to challenge the government’s claim that they are members of Tren de Aragua. As a result, he blocked Trump from invoking the Alien Enemies Act to justify the deportations and ordered any planes already in the air to return.
The Trump administration has appealed this decision and has also attempted to have Judge Boasberg impeached. In response, U.S. Supreme Court Chief Justice John Roberts issued a statement clarifying that disagreement with a judge’s ruling does not warrant impeachment and that an appeal is the appropriate legal recourse.
Boasberg is also reviewing whether the Trump administration violated his order by failing to recall deportation flights after court decision was issued. He wrote that the administration appeared to have “hustled people onto those planes” to circumvent a potential court order blocking the deportations.
During the appeal hearing, U.S. Appeals Court Judge Patricia Millett remarked that even Nazis were afforded more rights to contest their removal from the United States during World War II than the Venezuelan migrants deported by the Trump administration. The Trump administration did not disprove this claim, responding only that they did not welcome comparisons to the Nazis.
Over 200 immigrants were deported from the United States to this El Salvadoran prison. Now, we await final decisions from both Judge Boasberg and the U.S. Court of Appeals. This case raises critical questions, not only about how the Trump administration respects the rule of law but also about the limits of executive power. The U.S. Constitution guarantees that all individuals are innocent until proven guilty. Yet, the Trump administration appears to disregard this fundamental principle if someone has the “wrong tattoos,” speaks the “wrong language,” or comes from the “wrong country.”
