U.S. Deports Hundreds of Suspected Gang Members Despite Court Ruling
Inmates are observed in cells at CECOT in Tecoluca, El Salvador, as of February 6, 2024. Individuals identified by the U.S. as members of the Tren de Aragua and MS-13 gangs were deported to El Salvador on Sunday, according to President Nayib Bukele.
Over the weekend, the Trump administration deported more than 200 individuals alleged to be part of Tren de Aragua, a gang originating from Venezuelan prisons, to El Salvador. This action was confirmed by several administration officials on social media.
It remains uncertain whether these deportations occurred before or after a federal judge in Washington, D.C., issued an emergency order on Saturday. The order instructed the administration to halt deportations using wartime powers and to recall any aircraft already en route.
The deportations included two alleged leaders of the MS-13 gang, which originated in El Salvador, along with 21 other members, as noted by Secretary of State Marco Rubio and President Nayib Bukele of El Salvador.
On Saturday, President Trump invoked the Alien Enemies Act of 1798 against Tren de Aragua. This rarely used law allows the president to detain or deport nationals from an enemy nation during wartime. It marks the first use of the act since World War II.
White House press secretary Karoline Leavitt praised the State Department's efforts, stating that these individuals were removed to El Salvador, where they can no longer threaten the American public.
In response to the court's order, Bukele humorously commented on social media, suggesting the deportations were completed before the order could take effect.
With these individuals now in El Salvador, the extent of U.S. court jurisdiction over them is unclear. The White House has not commented on the timing of the flights or the possibility of returning any deportees to the U.S. in compliance with the court order.
The Alien Enemies Act allows for a swift deportation process, bypassing standard immigration procedures and asylum claims. The proclamation also provides no opportunity to challenge the government's assertions of gang affiliation.
Advocates worry that using this act could lead to broader deportations, regardless of individuals' legal status or criminal history.
U.S. Secretary of State Marco Rubio met with President Bukele in El Salvador on February 3, 2025.
The last invocation of the Alien Enemies Act was during World War II, when approximately 31,000 individuals of Japanese, Italian, and German descent were interned. The law requires a formal declaration of war or an invasion by a foreign nation.
President Bukele shared a video on Sunday showing what he claims are 238 Tren de Aragua members arriving in El Salvador. He stated they would be held at the Terrorism Confinement Center for a year.
Last month, Rubio mentioned that President Bukele agreed to accept deportees of any nationality from the U.S. Bukele's social media posts indicated that the U.S. paid a "very low fee" for these deportations.
Rubio expressed gratitude to Bukele on social media, noting that El Salvador agreed to detain the deportees "in their excellent facilities at a reasonable cost, saving taxpayer money."
The American Civil Liberties Union and Democracy Forward filed a lawsuit on Saturday to halt the deportation of five Venezuelan men for 14 days, later expanding the request to cover all individuals affected by Trump's proclamation. Judge James Boasberg agreed to block the deportations of the five men and extended the order to all covered by the proclamation. A further hearing is scheduled for March 21.
The Trump administration has appealed the judge's decisions to the U.S. Court of Appeals for the District of Columbia Circuit.