- Federal judge condemns unprecedented application of 1798 Alien Enemies Act
- Over 200 Venezuelans deported without individual hearings or criminal records review
- DOJ refuses to guarantee due process, risks credibility with court defiance
- Trump administration considers invoking state secrets to block deportation details
A federal judge delivered scathing criticism of the Trump administration's use of the Alien Enemies Act to deport Venezuelan nationals, marking the first application of the 226-year-old law against non-state actors. U.S. District Judge James Boasberg questioned the legality of deporting over 200 individuals to El Salvador without verifying gang affiliations through due process, comparing the situation to historical wartime measures during World Wars I and II.
The controversy centers on March 2025 deportation flights that continued despite judicial orders to return. Department of Justice representatives admitted failing to redirect planes carrying detainees to the Terrorism Confinement Center in Tecoluca, El Salvador – a facility criticized by human rights groups for harsh conditions. Legal experts suggest this creates dangerous precedent for presidential emergency powers in non-war contexts.
Immigration analysts highlight three critical implications: First, the erosion of judicial oversight in national security matters. Second, potential violations of UN Convention Against Torture through third-country deportations. Third, the weaponization of migrant gang databases containing unverified allegations. ICE data reveals 63% of recent deportees under this act had no U.S. criminal convictions.
Regional tensions compound the crisis as El Salvador’s government defends its collaboration with U.S. deportation efforts. The Central American nation has received $28 million in security aid since 2023 for housing deportees, raising questions about financial incentives in immigration enforcement partnerships. Human Rights Watch recently documented 14 cases of wrongful detention at the Tecoluca facility involving U.S. deportees.
With the administration threatening to invoke state secrets privilege, constitutional scholars warn of lasting damage to checks and balances. The Brennan Center notes this could create parallel legal systems where national security claims override individual rights. As courts prepare for prolonged battles, immigration attorneys report surging asylum applications from Venezuelans fearing similar summary removals.
