The Return of Extreme Immigration Enforcement

In a troubling development that echoes some of the most controversial aspects of his first term, the Trump administration has deported hundreds of migrants to El Salvador despite a federal judge’s order temporarily blocking the removals. The deportations, carried out under an obscure 18th-century wartime declaration, represent a concerning escalation in the administration’s immigration enforcement tactics.

The administration invoked the Alien Enemies Act of 1798—a law used only three times previously in American history—to justify the deportations. This law requires a presidential declaration of war and grants extraordinary powers to detain or remove foreigners who would otherwise have protections under immigration or criminal laws.

Circumventing Judicial Oversight

U.S. District Judge James E. Boasberg issued an order Saturday evening blocking the deportations, but the administration claimed two planes with migrants were already in the air—one headed for El Salvador, the other for Honduras. Though Boasberg verbally ordered the planes be turned around, they apparently continued to their destinations.

The administration’s response to the court order was telling. Salvadoran President Nayib Bukele, a Trump ally who agreed to house about 300 migrants in his country’s prisons, wrote “Oopsie…Too late” on social media—a post later recirculated by White House communications director Steven Cheung.

Secretary of State Marco Rubio boasted on social media: “We sent over 250 alien enemy members of Tren de Aragua which El Salvador has agreed to hold in their very good jails at a fair price that will also save our taxpayer dollars.”

Targeting Venezuelan Migrants

The administration claims the deportees are members of Tren de Aragua, a Venezuelan gang. However, they have provided no evidence that the deported individuals are actually gang members or committed any crimes in the U.S.

The ACLU, which filed the lawsuit leading to Boasberg’s temporary restraining order, expressed concern about the administration’s actions. “This morning, we asked the government to assure the Court that its order was not violated and are waiting to hear, as well as trying to do our own investigation,” said ACLU’s lead lawyer, Lee Gelernt.

A Dangerous Precedent

The use of the Alien Enemies Act sets a dangerous precedent. Immigration lawyers warn that under this framework, virtually any Venezuelan citizen in the U.S. could be removed on the pretext of belonging to Tren de Aragua, with no chance to defend themselves.

Judge Boasberg noted that the law has never before been used outside of a congressionally-declared war and that plaintiffs may successfully argue Trump exceeded his legal authority in invoking it. His temporary restraining order stands for up to 14 days, with a hearing scheduled for Friday to hear additional arguments.

The El Salvador Connection

The migrants were taken to El Salvador’s notorious CECOT facility, the centerpiece of Bukele’s controversial approach to crime. Video released by El Salvador’s government showed men exiting airplanes with their hands and ankles shackled, struggling to walk as officers pushed their heads down.

The footage also showed the men being transported to prison, having their heads shaved, and being placed in cells—all before any due process to determine if they actually belonged to the gang as claimed.

What This Means for Immigration Rights

This episode represents a troubling escalation in immigration enforcement tactics. By invoking a rarely-used wartime law, the administration has found a way to bypass normal immigration procedures and judicial oversight.

The judge’s concern was clear: “Once they’re out of the country, there’s little I could do.” This highlights the real danger—once deported, these individuals have effectively lost their ability to challenge their removal, even if it was unlawful.

What Happens Next?

The court will hear additional arguments this Friday, but for the hundreds already deported, legal remedies may be limited. The administration’s willingness to proceed with deportations despite a court order raises serious questions about its respect for judicial authority and the rule of law.

For those concerned about immigration rights and the balance of powers in our government, this case bears close watching. It may set precedents that extend far beyond immigration policy, affecting the very foundations of our constitutional system.

FAQ: Trump’s Use of the Alien Enemies Act

Q: What is the Alien Enemies Act of 1798?
A: It’s a law that gives presidents extraordinary powers to detain or deport foreigners during wartime. It has only been used three times in U.S. history—during the War of 1812 and World Wars I and II.

Q: Does the U.S. need to be at war for this law to apply?
A: Traditionally, yes. The law requires a congressional declaration of war, which is why Judge Boasberg noted that plaintiffs may successfully argue Trump exceeded his authority.

Q: Who is Tren de Aragua?
A: It’s a gang that originated in a Venezuelan prison and has expanded as millions of Venezuelans fled their country’s economic collapse. While the gang exists, critics argue Trump has exaggerated its presence in the U.S.

Q: Can those deported challenge their removal?
A: Once deported, it becomes extremely difficult for migrants to challenge their removal, which is why the judge tried to halt the deportations before they occurred.

Q: What role is El Salvador playing in this situation?
A: President Nayib Bukele agreed to house about 300 migrants in El Salvador’s prisons for a year at a cost of $6 million, raising questions about the outsourcing of U.S. immigration enforcement.