The Trump administration has been embroiled in controversy after transferring over 300 immigrants to El Salvador, despite a federal judge’s temporary order halting such deportations based on an 18th-century wartime declaration. The judge, U.S. District Judge James E. Boasberg, issued the order just as two flights carrying immigrants were already en route—one to El Salvador and another to Honduras. Although Boasberg instructed for the planes to be turned around, it appears this directive was not included in his written order, leading to significant confusion.
Following the judge’s ruling, the Department of Justice claimed in a court filing that the deportations had already taken place by the time the written order was issued. Trump’s supporters, including El Salvador’s President Nayib Bukele, expressed satisfaction over the situation, with Bukele mocking the judge’s directive on social media.
Secretary of State Marco Rubio, who previously negotiated the agreement with Bukele to house these immigrants, highlighted that over 250 alleged members of the Venezuelan gang Tren de Aragua were sent to Salvadoran prisons. Legal scholars have pointed out that while Boasberg’s verbal command to turn back the planes was not technically part of his final ruling, the administration may have violated the essence of the order.
The actions stemmed from the invocation of the Alien Enemies Act of 1798, a law historically used only during wartime, granting the president extraordinary powers over non-citizens. Critics argue that this law raises serious human rights concerns, reminiscent of historical abuses, as noted by Venezuela’s government in its condemnation of the deportations.
While no evidence has been publicly provided to substantiate claims that the deported individuals were indeed part of Tren de Aragua, footage released by the Salvadoran government showed shackled men being processed in a high-security prison. This facility is part of Bukele’s controversial measures aimed at reducing violence in his country.
The Trump administration has not identified specific individuals sent to El Salvador, and immigration advocacy groups worry about the implications of this deportation process, particularly that any Venezuelan could be unjustly accused of gang affiliation and removed without due process.
As the situation unfolds, Judge Boasberg has temporarily suspended the deportations for up to 14 days, allowing for a hearing to determine the legality of the administration’s actions. He emphasised the importance of preserving the legal rights of the immigrants, asserting that once deported, they would have limited recourse to challenge their removal.