Lawyers representing Venezuelan immigrants who were deported last weekend under the Alien Enemies Act are challenging the Trump administration’s characterization of them as members of a violent criminal street gang. The lawyers argue that several of the deported individuals were targeted based on tattoos that were mistakenly associated with the gang Tren de Aragua. For example, one man’s tattoo represented his favorite soccer team, while another got a tattoo to honor his grandmother’s death. The lawyers plan to raise this issue at a hearing scheduled for Friday in Federal District Court in Washington.
The debate over the deported Venezuelans’ alleged ties to Tren de Aragua has escalated since Judge James E. Boasberg temporarily paused their deportations. The White House and the Justice Department have criticized the judge for overstepping his authority, while the judge is focused on whether the administration followed the specific provisions laid out in the Alien Enemies Act. The Act, which dates back to 1798, allows the government to remove individuals of a “hostile nation” during a time of declared war. The administration argues that Tren de Aragua is closely tied to the Venezuelan government and its president, Nicolás Maduro, therefore constituting an invasion.
The deported Venezuelans’ lawyers assert that their clients are not members of Tren de Aragua and should have the chance to prove their innocence. They also argue that the gang, while dangerous, does not qualify as a nation-state, which is a prerequisite under the Alien Enemies Act. Additionally, the Act has only been invoked three times in American history during clear-cut war situations, such as during World War I and II. The legal battle over whether the Trump administration correctly applied the Act has become a focal point in the broader crackdown on immigration.
In his efforts to scrutinize the administration’s deportation actions, Judge Boasberg has requested detailed data on the deportation flights to El Salvador. He seeks information on the departure times from the U.S., when the planes left U.S. airspace, and their landing times. While some of this data is publicly available in flight databases, the judge wants an official record from the government. The Justice Department was given until noon on Thursday to file the flight data, but as of Thursday afternoon, no public filing had been made in the case, suggesting that the information may have been submitted to the judge privately.
The dispute over the application of the Alien Enemies Act in the case of the deported Venezuelans highlights the broader struggles over immigration policies under the Trump administration. The administration’s claim that Tren de Aragua members should be considered alien enemies due to their affiliation with the Venezuelan government is being challenged by the immigrants’ legal representatives. The outcome of the legal battle may have significant implications for the administration’s use of wartime powers to enforce its immigration agenda. The resolution of the case will likely clarify the extent to which the Alien Enemies Act can be wielded in modern contexts beyond traditional wartime scenarios.
