Of the 261 people sent to El Salvador137 were deported under the Foreign enemies lawwhile the rest were taken under other federal laws. In addition to Venezuelans, they were admitted to the Terrorism Confinement Center (CECOT) Salvadorans with alleged links with the Mara Salvatrucha MS-13 gang.
The legal basis to invoke the Foreign enemies law were the alleged links of the Venezuelans deported with him Aragua trainmafia born in 2009 in the prison of Bumpyin Venezuelaand that as of 2019 it began to expand through some countries in South America, such as Peru, Colombia, Ecuador and Chile, coinciding with the Exodus of Venezuelans who escaped from their country due to the crisis originated by the regime of Nicolás Maduro.
The arrival of alleged members of the Venezuelan criminal organization Train de Aragua to the Center for Prison of Terrorism (CECOT) in the city of Tecoluca. (Photo: Press Office of the Presidency of El Salvador / AFP).
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In the last two years, when Venezuelan migration chose to seek to reach USAit also began to detect entry to that country of members of the Aragua train.
All deportees are now admitted to the CECOTthe famous Salvadoran prison built by the president Nayib Bukele To house, under a strict regime, thousands of MS-13 gang members and its enemy Barrio 18.
Was there contempt?
The president of the United States, Donald Trump, speaks with the press aboard the Air Force One on March 16, 2025. (Photo of Brendan Smialowski / AFP).
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However, great controversy has been unleashed in USA After the Federal District Judge James E. Boasberg temporarily prohibited the expulsion of undocumented under the Foreign enemies law.
Saturday, Trump ordered that all Venezuelan citizens in USA that they are at least 14 years old, that they are members of the Aragua train and that they are not naturalized or are permanent legal residents, be “arrested, insured and expelled for being foreign enemies”.
The judge Boasberg suspended the order of Trump considering that The law is not applicable in this case, since the United States is not at war.
The Washington Post newspaper reported that After learning that airplanes had taken off, Judge Boasberg ordered his return, something that did not happen.
On Sunday, the government of Trump said he ignored the court order because The two airplanes fly over international waters when it occurred and, therefore, The sentence did not apply.
The journalist Jesús Garcíaeditor in La Opino and the newspaper NY, he said to Commerce that the final order of the deportation of Venezuelans corresponds to the Department of National Security and its Immigration and Customs Control Service (ICE). He commented that the border tsar, Tom homanhas stated that the judge’s order Boasberg He arrived too late, when the flights with deportees were already in international waters.
“They could have ordered the return, but now homan is justifying that having done so would mean the return of these people they accuse as terrorists under Trump’s new orders. However, however, The judge is the one who has to determine whether or not there was“Garcia explained.
“For now, The application of the law is suspendedbecause although it has not been respected of a start due to this flight that was already in process, more people can be processed under this law according to the judge’s decision ”he added.
According to the axious medium, The White House is willing to bring the blockade of the Law of Foreign Enemies to the United States Supreme Court.
Boasberg’s court order will be in force for 14 days or until new notice. For now, this Friday there will be a hearing where the Fund of the provisions of Trump will be analyzed.
On Friday, the American union for civil liberties (ACLU) and Democracy Forward demanded preventively to Trump In a federal court in Washington DC, claiming that five Venezuelans held at a migratory detention center in Raymondville, Texas, ran “imminent risk of deportation” by virtue of the Foreign enemies law. Judge Boasberg blocked his deportation.
What is the Law of Foreign Enemies?
Guards of the Terrorism Confinement Center (CECOT) transfer to alleged members of the Criminal Band of Aragua. (EFE/ Presidency of El Salvador).
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In 1798 the United States was on the verge of war with France. In fear that the “foreigners” who lived in the country sympathized with the French, the Federalist Partyof the then president John Adamspromoted the Foreign enemies law.
The law grants the President the authority to stop and deport to Citizens of countries with which the United States were at war, without the need for trial. Its purpose was to prevent possible internal conspiracies or threats by foreigners considered hostile.
From its approval, lTo law only has been applied three times: during the War of 1812, the first and Second World War.
According to the AP Agency, during World War II, when fear of foreigners was extended throughout the United States, the law was used for the massive internment of people of German, Italian and, especially Japanese aim. It is estimated that 120,000 Japanese, including US citizens, were imprisoned during the war.
Trump’s arguments
Why did Trump invoke the law now? The president said that the Aragua train I was invading the United States.
Trump He criticized the former president Joe Biden by, according to him, to allow the entry of members of the Aragua train to the United States. “That is an invasion … they invaded our country. This is a war in many ways. It is more dangerous than war because, as they know, in war, they carry uniforms, ”he added.
The law establishes that the president of the United States needs a vote in Congress to invoke the rule in the case of a declared war, but not if it is a “invasion or predatory incursion.”
“Seeks to avoid due process”
An aerial view of the Terrorist Internment Center (CECOT), in Tecoluca, 74 km southeast of San Salvador, taken on February 24, 2023. (Salvadoran Presidency Photo / AFP).
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According to an analysis of the reflection center Brennan Center for Justicethe Foreign enemies law “It can be – and it has been – used against immigrants who have not done anything wrong, who have not shown signs of unfair and are legally” in the United States.
He added that The President is invoking the Law of Foreign Enemies to try to get rid of due process.
“You want to evade any need to have to present evidence or convince a court that someone is really a member of a gang or criminal gang before deporting it”said the Brennan Center for Justice.
“This outburst of power is totally illegal. The foreign enemies law can be used only during declared wars or armed attacks of foreign governments against the United States. The president has falsely proclaimed the existence of an invasion and predatory incursion To use a written law for war times as a measure of migratory control in peacetime. The courts must cancel it “he said.
Jesús García agreed that under the Foreign enemies law worries the Violation to due process“Because although they point out that all these people are criminals or related to the Aragua traineither it has not been demonstrated, or no documents or information have been submitted that justify that this is what is really happening. ”
“Senators have even reacted that have indicated that The United States is not at war and should not be applying this law. Thus, a new debate on migratory issues has been opened ”, said.
Andrés Gómez de la Torrespecialist in defense and intelligence issues, he remembered Commerce that in February The United States declared as terrorist organizations to the Train of Aragua, To the Mara Salvatrucha and the Mexican cartels.
“The Trump government wielded the thesis that these criminal organizations become called hostile forces, and said that what they have done is a kind of Predatory incursion in the United States. Then, under these concepts, the United States states that there is an irregular, unconventional warfare technique, with infiltration techniques that would justify a state response ”Gómez de la Torre said.
He also said that the most extremist wing of the Republican party, “those who want to securitize the agenda,” They propose that an extensive interpretation of the term invasion and incursion can be made to apply the Law of Foreign Enemies to the Train of Aragua.
What does Bukele win?
The president of El Salvador, Nayib Bukele, makes a gesture while pronouncing a speech to high school students on March 15, 2025. (Marvin Recinos / AFP photo).
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The government of Trump agreed to pay El Salvador 6 million dollars to imprison for a year about 300 alleged members of the Aragua train in it CECOT.
For Andrés Gómez de la Torre, El Salvador is becoming a kind of pyevote or axis of the foreign policy and security of the United States in Central America.
“A kind of Penitentiary diplomacy between the United States and El Salvador. There is an excellent relationship between the government of Bukele and that of Trumpwith its Secretary of State, Marco Rubio, at the head ”, Gómez de la Torre indicated.
He added that there are voices that state that El Salvador is going to become a kind of again Guantanamoin reference to the Cuban island where the detainees were held after the attacks of September 11, 2001 in New York and Washington.
