- 4 alleged Tren de Aragua members deported to El Salvador 72 hours after court order
- DOJ claims DOD-operated flight circumvented DHS custody requirements
- Judge seeks clarity on interagency coordination and detainee rights
- 1789 Alien Enemies Act invoked for hybrid criminal statedeportations
The Justice Department's controversial removal of four Venezuelan nationals to El Salvador has ignited a legal firestorm over immigration enforcement tactics. Court documents reveal the deportations occurred just three days after U.S. District Judge Brian Murphy's March 28 injunction requiring safety assessments for third-country removals. DOJ attorneys maintain compliance by emphasizing Defense Department involvement rather than Homeland Security personnel.
Legal experts highlight three critical implications from this case:
- Military bases becoming jurisdictional gray zones for immigration enforcement
- Expanded use of 18th century wartime statutes in modern border policy
- Growing coordination challenges between DHS and DOD detainee operations
Regional analysis shows El Salvador's CECOT prison now houses over 200 U.S.-deported gang members since 2023. The maximum-security facility faces scrutiny after Reuters photos showed deported Tren de Aragua and MS-13 members sharing cells - a practice human rights groups call counterproductive to rehabilitation.
Judge Murphy's pending ruling could reshape removal protocols for 1,200+ migrants currently held at Guantanamo Bay. Immigration attorneys warn that allowing agency designation loopholes might create a enforcement shell gameundermining due process protections. The administration's novel hybrid criminal statelegal theory using the Alien Enemies Act could set precedent for rapid deportations without congressional approval.
With Venezuela refusing repatriation agreements, third-country deportations increased 140% year-over-year through Q1 2025. ICE data shows El Salvador accepting 78% of these transfers, despite having no existing extradition treaty with the United States. Legal analysts suggest this arrangement leverages El Salvador's aggressive anti-gang policies while bypassing traditional diplomatic channels.
