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      ‘He is innocent’: family of deported Venezuelan rebukes Trump claims

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      Donald Trump’s White House has described the Venezuelan migrants deported to a notorious prison in El Salvador as “heinous monsters” and terrorists who “rape, maim and murder for sport”.But relatives of Francisco Javier García Casique, a 24-year-old from the city of Maracay, say he was a hairdresser, not a crook.“He has never been in prison, he is innocent, and he has always supported us with his work as a barber,” his younger brother, Sebastián García Casique, said from their family home in Venezuela.Less than a week ago, the García brothers were preparing to be reunited, with Francisco telling relatives he expected to be deported from a US immigration detention facility to his South American homeland after being arrested by immigration officials on 2 March.The flight was scheduled for last Friday. A family gathering was planned in Maracay. On Sunday those plans were shattered when El Salvador’s authoritarian president, Nayib Bukele, published a cinematographic propaganda video on social media showing scores of Venezuelan prisoners being frog-marched off planes and into custody in his country’s “terrorism confinement centre”.“It’s him,” a shell-shocked Sebastián told their mother after spotting his sibling among those shackled men.“I never in my life thought I would see my brother like that – handcuffed, his head shaved, in a prison for murderers, where they put rapists and kidnappers. It is very painful because he is innocent,” he said of his brother, who travelled to the US in late 2023 chasing a better future.Lindsay Toczylowski, a California-based immigration lawyer, was another person who found herself scouring Bukele’s sensationalist video for any sign of her client, another Venezuelan migrant she feared had also been unjustly dispatched to El Salvador after seeking shelter from political persecution in the US.“I felt sick … absolute shock,” Toczylowski said of the moment she saw those pictures in which detainees are shown being forced to their knees to have their heads shaved by masked security forces with batons and guns.“It really is such an escalation … and to see it paraded and celebrated by the White House and by Bukele was just an absolutely shocking escalation of human rights abuses against migrants,” said the lawyer who works for the Immigrant Defenders Law Center (ImmDef) group.García and Toczylowski’s client – an LGBTQ+ asylum seeker she declined to name out of fears for his safety – appear not to be the only Venezuelans deported to El Salvador despite having no criminal history in their home country or the US. More than 260 people were deported to the Central American country last weekend, 137 of them under 227-year-old wartime powers invoked by the US president called the Alien Enemies Act.In recent days, a succession of Venezuelan families have gone public to demand the release of their loved-ones: young working men whose main “crimes” appear to have been their nationality and having tattoos that US immigration authorities deemed a sign of affiliation to the Venezuelan gang Tren de Aragua. Experts in South American organized crime reject the idea that tattoos are a meaningful indicator of gang membership in Venezuela.García’s tattoos include one – inspired by a verse from the Book of Isaiah and inked onto his skin during a stint living in Peru – that reads: “God gives His toughest battles to his strongest warriors”. His brother, Sebastián, has the same tattoo.In a video plea posted on social media, Mercedes Yamarte, the mother of another migrant sent to El Salvador, Mervin Yamarte, described her 29-year-old son as “a good, hardworking boy” who had never been involved in crime. But Yamarte, who entered the US in 2023 and had lived in Dallas, also has tattoos – one with the name of his daughter, another paying tribute to his mum – which were seemingly interpreted as an indication of gang membership by US authorities.“Everyone close to him knows he has a big heart and NOTHING TO DO WITH TREN DE ARAGUA,” his brother, Francis Varela, wrote on social media. “My brother went in search of the American dream,” Varela added. “A dream that has now become a nightmare for us all.”skip past newsletter promotionafter newsletter promotionToczylowski’s client also has tattoos which she said immigration enforcement officials used to allege he was a Tren de Aragua member. “[But] they are not gang tattoos and he has no gang membership affiliation at all,” the lawyer insisted.García’s shock incarceration in El Salvador ended a six-year quest to build a better life for himself and his family, which the Venezuelan Zoomer documented on Instagram.After leaving his economically shattered country, in 2019, García migrated to Callao, a seaside city near Peru’s capital Lima, hoping to make enough money to help his family survive back home. “I miss you Venezuela,” he posted the following year, between photos and videos that highlighted his love for hairdressing, football and his numerous tattoos.In late 2023 García, like many Venezuelan migrants, decided to relocate to the US to escape the post-pandemic economic crisis in Peru. An Instagram photo shows him posing outside a train station in the Mexican state of Jalisco as he heads to the southern border. The post is accompanied by a song by the Mexican singer Peso Pluma called Nueva Vida” (New Life) which captured his aspirations.Two months later, another image shows him cutting hair at a Marvel-themed salon in Longview, Texas named after the Incredible Hulk. “May it be everything we dreamed of,” García wrote of his fresh start beside an emoji of the Stars and Stripes flag. Last weekend that dream came to an abrupt and unexpected end in Bukele’s mega prison near San Salvador.Immigration advocates have voiced outrage at the plight of men such as García and the lack of due process in their cases.“It’s enraging because they clearly don’t have any affiliation with Tren de Aragua at all,” said Adam Isacson, a migration expert from the Washington Office on Latin America thinktank.Isacson said that in the past such migrants tended to face detention in a “miserable [detention] centre here in the United States” or were “shipped back” home. “It did not mean that you were sent to some medieval jail of an authoritarian leader in another country. So we’re in brand new ground here,” Isacson warned, adding that while it was possible some of those deported to El Salvador were hardened criminals, many appeared to be innocent.Sebastián García Casique insisted that was the case of his older brother who their mother had raised to be an “honest and good” person. He urged Trump to review his brother’s case and free him.“I believe this is an injustice,” said García, 21. “Maybe one or two [of the prisoners] have criminal records, and if they did something, punish them for it … But the innocent should be sent to Venezuela … What is he doing in El Salvador if he committed no crime there? … Why don’t they say what crimes they are accused of?” More

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      White House calls judge challenging Trump deportation order a ‘Democrat activist’

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      The White House on Wednesday labeled the federal judge challenging the Trump administration on whether it defied his court order to halt flights deporting migrants without a hearing “a Democrat activist”.The press secretary, Karoline Leavitt, singled out by name at a White House press briefing federal judge James Boasberg, who weighed the legality of Donald Trump’s deportation of suspected Venezuelan gang members to El Salvador under the Alien Enemies Act, and is now evaluating the government’s compliance.Boasberg had attempted over the weekend to prevent planes carrying the migrants from leaving, and has since demanded from the government details of the aircrafts’ exact itineraries to determine if they complied with his order. That argument is continuing in court, with the administration saying all flights took off before Boasberg’s order, while that is disputed and the judge has demanded a detailed itinerary. On Wednesday he threatened consequences if his order was violated, while giving the administration more time to present evidence.Leavitt said: “The judge in this case is essentially trying to say that the president doesn’t have the executive authority to deport foreign terrorists from our American soil. That is an egregious abuse of the bench. This judge cannot, does not have that authority.”She added: “And it’s very, very clear that this is an activist judge who is trying to usurp the president’s authority under the Alien Enemies Act. The president has this power, and that’s why this deportation campaign has continued, and this judge, Judge Boasberg is a Democrat activist.”Republican president George W Bush appointed Boasberg to the district of Columbia’s superior court, then Democratic president Barack Obama elevated him to the federal court.Boasberg is considered a centrist Democrat and was a roommate of US supreme court justice Brett Kavanaugh, a Trump appointee, while both were studying at Yale University, the New York Times reported, as an aside.Meanwhile, Trump has repeated his declaration that he would not defy a court ruling, even as controversy swirls about whether his administration has already ignored several of them following a spate of negative judgments that threaten to block his governing agenda.Asked by Fox News on Tuesday night if he would ever defy a court ruling, Trump said he would not – but launched an attack on Boasberg, though without naming him.“I never did defy and I wouldn’t in the future, no. You can’t do that,” he said. “However, we have very bad judges, and these are judges that shouldn’t be allowed. I think at a certain point you have to start looking at what do you do when you have a rogue judge.“The judge that we’re talking about is you look at his other rulings … He’s a lunatic.”Trump renewed his assault in a later post on his Truth Social platform: “If a President doesn’t have the right to throw murderers, and other criminals, out of our country because a radical left lunatic judge wants to assume the role of president, then our country is in very big trouble, and destined to fail!”The comments followed a rare rebuke from John Roberts, the conservative-leaning chief justice of the US supreme court, who criticised demands by Trump and his supporters, including his wealthiest backer, Elon Musk, that Boasberg be impeached.Fears over the administration’s readiness to defy the courts – widely seen as the only obstacle to Trump’s rampant agenda in the absence of meaningful resistance from a Republican-ruled Congress – seemed likely to intensify after high-profile negative rulings on Tuesday.In one, a US district court judge, Theodore Chuang, ruled that Musk and his “department of government efficiency” (Doge) unit had violated the constitution in “multiple ways” in attempting to dismantle USAid.A separate ruling barred the Pentagon from enforcing Trump’s order banning transgender people from serving in the military, saying it was “soaked in animus”.Another order on Wednesday by Judge Jesse Furman rebuffed the administration’s effort to dismiss an attempt by Mahmoud Khalil, a Palestinian activist, to fight a deportation order and said the case must be heard in New Jersey, rather than Louisiana, where he is now detained.skip past newsletter promotionafter newsletter promotionIn yet another case, the government has been forced to rehire more than 7,000 workers at the Internal Revenue Service (IRS) who had not finished their probationary period after they were sent unsigned letters telling them they were being fired for poor work performances.The letters were sent despite an IRS lawyer warning officials that they contained “false statements” that amounted to “fraud”, ProPublica reported.Trump’s insistence that he would obey the courts is at odds with previous statements from the vice-president, JD Vance, who has suggested he should defy them.In a 2021 interview with Politico, Vance said Trump – if he were re-elected – should “fire every single midlevel bureaucrat, [and] every civil servant in the administrative state … and when the courts stop you, stand before the country like Andrew Jackson did and say: ‘The chief justice has made his ruling. Now let him enforce it.’”The statement attributed to Jackson, president from 1829 to 1837, is widely believed to be apocryphal.Vance reiterated the sentiment in a social media post in February of this year following an earlier injunction against Doge.“If a judge tried to tell a general how to conduct a military operation, that would be illegal,” he wrote. “If a judge tried to command the attorney general in how to use her discretion as a prosecutor, that’s also illegal. Judges aren’t allowed to control the executive’s legitimate power.”Legal commentators have warned that a president openly ignoring court orders could portend a slide into dictatorship.Michael Luttig, a former federal judge, told NBC that Trump had already “declared war on the rule of law”.“In the past few weeks, the president himself has led a full frontal assault on the constitutional rule of law, the federal judiciary, the American justice system and the nation’s legal profession,” Luttig said. “America is in a constitutional crisis.” More

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      Judge rules against Musk and Doge, finding USAid shutdown ‘likely violated’ constitution – US politics live

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      A federal judge has ordered Elon Musk and his “department of government efficiency” (Doge) to stop their dismantling of USAid, saying their move to rapidly shut down the agency tasked with managing foreign assistance was likely illegal.“The court finds that defendants actions taken to shut down USAid on an accelerated basis, including its apparent decision to permanently close USAid headquarters without the approval of a duly appointed USAid Officer, likely violated the United States constitution in multiple ways, and that these actions harmed not only Plaintiffs, but also the public interest, because they deprived the public’s elected representatives in Congress of their constitutional authority to decide whether, when, and how to close down an agency created by Congress,” wrote Maryland-based judge Theodore D. Chuang.He ordered Musk and Doge officials to halt any work meant to shut down USAid, reinstate email access for all USAid employees and contractors and not disclose any employees’ personal information publicly.He also said Musk and Doge have two weeks to either certify that USAid’s Washington DC headquarters has been reopened or have a top USAid official agree to close it down.The two Democratic commissioners at the US Federal Trade Commission, Alvaro Bedoya and Rebecca Kelly Slaughter, both said on Tuesday that they were “illegally fired” by Donald Trump on Tuesday.Trump is already being sued for firing members of other independent regulatory agencies including the National Labor Relations Board.Bedoya posted a statement on X in which he said: “This is corruption plain and simple”.“The FTC is an independent agency founded 111 years ago to fight fraudsters and monopolists”, Bedoya wrote. “Now the president wants the FTC to be a lapdog for his golfing buddies”.Slaughter said in a statement to the American Prospect that Trump’s illegal action violated “the plain language of a statute and clear Supreme Court precedent”.As Deepak Gupta, former senior counsel at the Consumer Financial Protection Bureau, explained recently on Slate’s Amicus podcast, in the 1935 case Humphrey’s Executor v United States, the US supreme court upheld a law that permitted FTC commissioners to be fired only for good cause, such as neglecting their duties. That ruling shields a number of independent, bipartisan multi-member agencies from direct control by the White House.As Gupta noted, the idea that government needed independent agencies and people with experts to solve complex problems was introduced during the New Deal era, to replace what was known as “the spoils system”, in which the incoming president rewarded friends, campaign staffers and other supporters with appointments to federal government positions for which they had no qualifications or expertise.Ed Martin, the combative interim US attorney for the District of Columbia, and a 2020 election denier who helped lead the Stop the Steal movement, plans to use his office to investigate possible election law violations, according to an email seen by Bloomberg Law.Martin, who publicly called the 2020 “rigged” in 2021, said in the office-wide email that he had established a “Special Unit: Election Accountability,” or SUEA.The unit “has already begun one investigation and will continue to make sure that all the election laws of our nation are obeyed”, Martin wrote. “We have a special role at this important time.”David Becker, the director of the nonpartisan Center for Election Innovation & Research, told Talking Points Memo that Martin “seems to be misunderstanding his jurisdiction and the federal laws around elections and voting, and without more information, it’s unclear what is being done here other than furthering conspiracy theories that he’s embraced in the past”.Martin is a veteran anti-abortion activist who has argued for a national ban without exceptions for rape or incest, falsely claimed that “no abortion is ever performed to save the life of the mother” and discussed the possibility of jailing doctors who perform abortions and women who get abortions.Senator Mike Lee, a Utah Republican, has criticized the chief justice of the supreme court, John Roberts, for defending the federal judge who tried to block the government’s showy deportation of suspected Venezuelan gang members to El Salvador.After Donald Trump reacted to Judge James Boasberg’s ruling by calling for his impeachment, Roberts said in a statement: “impeachment is not an appropriate response to disagreement concerning a judicial decision.”Responding on X, the social network owned by Elon Musk, Lee wrote:
      Impeachment is a non-justiciable political question assigned by the Constitution to Congress—one of the two political branches of the U.S. government—and not to the courts
      Frankly, I’m surprised that Chief Justice Roberts is publicly opining on such matters
      Musk himself had posted a similar comment hours earlier. Lee, a former critic of Trump who had called on him to drop out of the 2016 campaign before becoming a public convert, also shared Musk’s comment and added, of the arch-conservative Roberts, “This isn’t the first time he’s treaded on legislative power”.Here is more from our colleagues Hugo Lowell and Joseph Gedeon on the Roberts intervention:Trump’s trade war has had an incredible impact on the popularity of Canada’s Liberal Party, as new polling suggests a stunning reversal of public opinion.For the first time, projection shows the Liberals with a 55% chance of a majority government, according to the closely watched website 338Canada, which tracks and aggregates national polls, converting those figures into projected election results. In January, these odds stood at less than 1%.The shifting polls reflect the outsized role played by a teetering and unpredictable US president, and it underscores the incentives for newly minted prime minister Mark Carney to call a snap election in the coming days.Read more about it here:Of all that Donald Trump has done since being sworn in on 20 January, there’s a good argument to be made that dismantling USAid was the most impactful, though not necessarily within the United States. The Guardian’s Katy Lay has a look at how the global fight against HIV has suffered from USAid’s stripping:This year the world should have been “talking about the virtual elimination of HIV” in the near future. “Within five years,” says Prof Sharon Lewin, a leading researcher in the field. “Now that’s all very uncertain.”Scientific advances had allowed doctors and campaigners to feel optimistic that the end of HIV as a public health threat was just around the corner.Then came the Trump administration’s abrupt cuts to US aid funding. Now the picture is one of a return to the drugs rationing of decades ago, and of rising infections and deaths.But experts are also talking about building a new approach that would make health services, particularly those in sub-Saharan Africa, less vulnerable to the whims of a foreign power.The US has cancelled 83% of its foreign aid contracts and dismantled USAid, the agency responsible for coordinating most of them.Many fell under the President’s Emergency Plan for Aids Relief (Pepfar) programme, which has been the backbone of global efforts to tackle HIV and Aids, investing more than $110bn (£85bn) since it was founded in 2003 and credited with saving 26 million lives and preventing millions more new infections. In some African countries it covered almost all HIV spending.Judge Theodore D Chuang’s ruling that the dismantling of USAid was likely unconstitutional landed just as top officials at the agency were planning for it to be completely shut down by the end of September, the Bulwark reports.Employees at USAid were informed that their jobs will likely be wrapped into other federal departments, while workers overseas will be sent back to the United States. Chuang’s ruling could disrupt these plans, though the Trump administration could also appeal it.Here’s more from the Bulwark of what was planned for USAid’s final months:
      Tim Meisburger, the head of USAID’s Bureau for Humanitarian Assistance, recently briefed staff about plans and pegged a final day for the agency’s existence at September 30, 2025 (notably, when the just-struck government funding deal runs out). According to notes of the briefing, which were obtained by The Bulwark, Meisburger expected that the agency would have a new structure, new names for subsections, and that there would be a “minimal overseas footprint,” with the possibility to expand in the future. They’d be incorporated into the State Department and officials had to “mentally prepare” to go from being agency leaders to senior staffers.
      “Most of the madness is behind us,” Meisburger said, according to the notes. It was time to “make lemonade out of lemons.”
      But what if you can’t get the lemons home? That’s one of the problems USAID is currently confronting.
      Last week, Jason Gray, who was serving as acting administrator for USAID, sent an email to staffers outlining the process for overseas officials to use the agency portal to come back to the United States. According to one person familiar with those concerns, the American Foreign Service Association is seeking information about the use of the portal. As of now, some USAID employees stationed abroad face a Catch-22. Some fear that if they relocate voluntarily, they may not be eligible for all the reimbursements associated with relocation costs (such as the shipment of personal effects). Other overseas employees worry that if they don’t voluntarily return to the United States, they could be fired. But at least that would potentially make the government liable to cover more of the end-of-contract relocation costs (assuming the current administration doesn’t just choose to leave fired employees abroad).
      A federal judge has ordered Elon Musk and his “department of government efficiency” (Doge) to stop their dismantling of USAid, saying their move to rapidly shut down the agency tasked with managing foreign assistance was likely illegal.“The court finds that defendants actions taken to shut down USAid on an accelerated basis, including its apparent decision to permanently close USAid headquarters without the approval of a duly appointed USAid Officer, likely violated the United States constitution in multiple ways, and that these actions harmed not only Plaintiffs, but also the public interest, because they deprived the public’s elected representatives in Congress of their constitutional authority to decide whether, when, and how to close down an agency created by Congress,” wrote Maryland-based judge Theodore D. Chuang.He ordered Musk and Doge officials to halt any work meant to shut down USAid, reinstate email access for all USAid employees and contractors and not disclose any employees’ personal information publicly.He also said Musk and Doge have two weeks to either certify that USAid’s Washington DC headquarters has been reopened or have a top USAid official agree to close it down.Federal judge James Boasberg has given the Trump administration until noon tomorrow to provide answers to specific questions about three flights carrying suspected Venezuelan gang members that left the United States despite his order preventing their departure.Boasberg informed the justice department they have until 12pm ET tomorrow to answer the following questions:
      1) What time did the plane take off from U.S. soil and from where? 2) What time did it leave U.S. airspace? 3) What time did it land in which foreign country (including if it made more than one stop)? 4) What time were individuals subject solely to the Proclamation transferred out of U.S. custody? and 5) How many people were aboard solely on the basis of the Proclamation?
      The government, which has cited national security concerns in refusing to answer Boasberg’s questions, is allowed to reply under seal.The Pentagon said that fewer than 21,000 employees have accepted voluntary resignations after they announced plans to cut up to 60,000 civilian jobs, the Associated Press reports.The defense department announced last month that it would fire 5-8% of its civilian workforce, with layoffs of 5,400 probationary workers. The defense department is the largest government agency, with the Government Accountability Office finding in 2023 that it had more than 700,000 full-time civilian workers.A man accused of battling police with a baseball bat and shield during the January 6 riot at the US Capitol has announced a run for the US Senate in Florida.Jake Lang, a prominent January 6 defendant, has announced on social media that he is seeking the seat recently vacated by the current secretary of state Marco Rubio in 2026.“WE ARE TAKING OVER THE CAPITOL AGAIN,” Lang wrote in a post on X.Lang continued to be politically active during his time in the DC jail, reportedly attempting to organize a militia and creating fundraisers for the January 6 defendants.Lang did not stand trial for charges related to his role in the insurrection due to continuous delays. He was pardoned alongside about 1,600 others who participated in the Capitol attack when Donald Trump took office.Read more about it here:The Trump administration has moved to reinstate at least 24,500 recently fired probationary workers following a pair of orders from federal judges last week.The reinstatements were outlined in a filing by the Justice Department in federal court in Maryland on Monday.US District Judge James Bredar, an appointee of former President Obama, previously ordered the mass reinstatement of fired probationary workers at 18 federal agencies. He determined that the government’s claims that the terminations were because of performance issues “isn’t true”.The majority of the reinstated employees were placed on paid administrative leave, according to the Washington Post. According to the filings, some workers were fully reinstated with pay, and some were reinstated without pay if they had been on unpaid leave before their termination.Voters in Wisconsin are casting the first ballots in a pivotal state supreme court race that will decide whether liberal or conservative justices control the highest court in the state.The first day of early voting comes two weeks before the April 1 election between the Republican-supported Brad Schimel and Democratic-supported Susan Crawford.The race, which is in an important presidential battleground state, can be seen as a barometer of public opinion early in Trump’s presidency. The outcome will have far-reaching implications for a court that faces cases over abortion and reproductive rights, the strength of public sector unions, voting rules and congressional district boundaries.The White House said in a statement that Trump and Putin “spoke about the need for peace and a ceasefire in the Ukraine war” in a phone call that lasted over an hour.
      “Both leaders agreed this conflict needs to end with a lasting peace,” reads the statement. “The leaders agreed that the movement to peace will begin with an energy and infrastructure ceasefire, as well as technical negotiations on implementation of a maritime ceasefire in the Black Sea, full ceasefire and permanent peace.”
      Putin and Trump also discussed the Middle East, the “need to stop” the proliferation of strategic weapons, and Iran, according to the statement.The justice department told the judge considering the legality of deporting suspected Venezuelan gang members that they did not violate his order to stop the planes from departing, but refused to immediately offer more details of their itinerary.The filings came after judge James Boasberg yesterday gave the administration a deadline of today at noon to share details of how the three planes were allowed to fly to El Salvador even though he ordered that they not depart, and turn back if they were in the air.In response, Robert L. Cerna, an Immigrations and Customs Enforcement (Ice) official based in Texas, said that two of the planes had already left US airspace by the time that Boasberg issued his order, while the third carried migrants who had been ordered deported through the typical legal process – not the Alien Enemies Act, which is at issue in the case Boasberg is considering.From Cerna’s filing:
      On March 15, 2025, after the Proclamation was publicly posted and took effect, three planes carrying aliens departed the United States for El Salvador International Airport (SAL). Two of those planes departed U.S. territory and airspace before 7:25 PM EDT. The third plane departed after that time, but all individuals on that third plane had Title 8 final removal orders and thus were not removed solely on the basis of the Proclamation at issue. To avoid any doubt, no one on any flight departing the United States after 7:25 PM EDT on March 15, 2025, was removed solely on the basis of the Proclamation at issue.
      Separately, attorney general Pam Bondi and other top justice department officials signed a notice to Boasberg in response to his demand for details about the planes and their departure time, essentially refusing to provide him with what he wanted:
      The Court also ordered the Government to address the form in which it can provide further details about flights that left the United States before 7:25 PM. The Government maintains that there is no justification to order the provision of additional information, and that doing so would be inappropriate, because even accepting Plaintiffs’ account of the facts, there was no violation of the Court’s written order (since the relevant flights left U.S. airspace, and so their occupants were “removed,” before the order issued), and the Court’s earlier oral statements were not independently enforceable as injunctions. The Government stands on those arguments.
      Here’s more on the legal wrangling over the deportations, and Donald Trump’s invocation of the Alien Enemies Act: More

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      White House’s defense for not recalling deportations ‘one heck of a stretch’, says judge

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      The Trump administration claimed to a federal judge on Monday that it did not recall deportation flights of hundreds of suspected Venezuelan gang members over the weekend despite his specific instructions because that was not expressly included in the formal written order issued afterwards.The administration also said that even if James Boasberg, the chief US district judge in Washington, had included that instruction in his formal order, his authority to compel the planes to return disappeared the moment the planes entered international airspace.The extraordinary arguments suggested the White House took advantage of its own perceived uncertainty with a federal court order to do as it pleased, testing the limits of the judicial system to hold to account an administration set on circumventing adverse rulings.An incredulous Boasberg at one stage asked the administration: “Isn’t then the better course to return the planes to the United States and figure out what to do, than say: ‘We don’t care; we’ll do what we want’?”The showdown between the administration and the judge reached a crescendo over the weekend after the US president secretly invoked the Alien Enemies Act of 1798 to deport, without normal due process, Venezuelans over age 14 who the government says belong to the Tren de Aragua gang.The underlying basis for Trump to invoke the statute is unclear because it historically requires the president to identify a state adversary, and Boasberg on Saturday issued a temporary restraining order blocking deportations of five Venezuelans who had filed suit against the government.At an emergency hearing on Saturday evening, Boasberg extended his injunction to block the deportation of all Venezuelan migrants using Alien Enemies Act authority, and told the administration that any deportation flights already in the air needed to be recalled.By the time of the hearing, two flights had already taken off and a third flight left after Boasberg issued his ruling. All three flights landed in El Salvador, where the deportees were taken to a special maximum security prison, after Boasberg issued his written order.The Trump administration claimed at a hearing on Monday that it believed it had complied with the written order issued by Boasberg, which did not include his verbal instructions for any flights already departed to return to the US.“Oral statements are not injunctions and the written orders always supersede whatever may have been stated in the record,” Abhishek Kambli, the deputy assistant attorney general for the justice department’s civil division, argued for the administration.The judge appeared unimpressed by that contention. “You felt that you could disregard it because it wasn’t in the written order. That’s your first argument? The idea that because my written order was pithier so it could be disregarded, that’s one heck of a stretch,” Boasberg said.The administration also suggested that even if Boasberg had included the directive in his written order, by the time he had granted the temporary restraining order, the deportation flights were outside of the judge’s jurisdiction.The judge expressed similar skepticism at the second argument, noting that federal judges still have authority over US government officials who make the decisions about the planes, even if the planes themselves were outside of US airspace.“The problem is the equitable power of United States courts is not so limited,” Boasberg said. “It’s not a question that the plane was or was not in US airspace.” Boasberg added. “My equitable powers are pretty clear that they do not lapse at the airspace’s edge.”At times, the Trump administration appeared to touch on a separate but related position that the judge’s authority to block the deportations clashed with Trump’s authority to direct US military forces and foreign relations without review by the courts.Boasberg expressed doubt at the strength of that argument, as well as Kambli’s separate claim that he could not provide more details about when the deportation flights took off and how many flights left the US on Saturday, before and possibly after his order.Kambli said he was not authorized to provide those details on account of national security concerns, even in private, to the judge himself. Asked whether the information was classified, Kambli demurred. Boasberg ordered the government to provide him with more information by noon on Tuesday.The statements offered by the administration in federal district court in Washington offered a more legally refined version of public statements from White House officials about the possibility that they had defied a court order.White House press secretary Karoline Leavitt insisted on Monday that the administration acted within “the bounds of immigration law in this country” and said the Trump team did not believe a verbal order carried the same legal weight as a written order.But the White House’s “border czar” Tom Homan offered greater defiance at the court order and told Fox News in an interview that the court order came too late for Boasberg to have jurisdiction over the matter, saying: “I don’t care what the judges think.” More

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      White House denies violating judge’s order with Venezuela deportations

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      The White House has denied allegations that it engaged in a “a blatant violation” of a judge’s order by deporting about 250 Venezuelan alleged gang members to El Salvador on Saturday, with the US border czar appearing to contradict the denial on Monday by declaring: “I don’t care what the judges think.”The US district judge James E Boasberg has scheduled a hearing for Monday afternoon to demand an explanation about why his Saturday order temporarily blocking the deportation flights had apparently been ignored.The Trump administration had ordered at least some of the deportations using the Alien Enemies Act, a law from 1798 that is meant to be used during wartime. The president quietly invoked the law on Friday and progressive groups almost immediately sued to stop it.On Saturday, during a court hearing over the case, Boasberg added a verbal order that any flights that had already departed with Venezuelan immigrants using the Alien Enemies Act turn around and return to the US.“This is something that you need to make sure is complied with immediately,” he told the justice department, according to the Washington Post.At that point (about 6.51pm ET, according to Axios), both flights were off the Yucatán peninsula, according to flight paths posted on X.Later on Saturday night, however, El Salvador’s president, Nayib Bukele, confirmed that the planes had landed in his country and the alleged gang members were in custody, posting on social media, “Oopsie … too late” above a news article about the judge’s order to turn the planes around.White House officials insisted that the migrants were no longer in US territory when the judge issued his order, claiming that it therefore did not apply.The administration “did not ‘refuse to comply’ with a court order”, said the White House press secretary, Karoline Leavitt, in a statement on Monday.She also argued, however, that the order itself did not need to be followed in the first place.“The order, which had no lawful basis, was issued after terrorist TdA aliens had already been removed from US territory,” Leavitt said. “The written order and the administration’s actions do not conflict.“As the supreme court has repeatedly made clear – federal courts generally have no jurisdiction over the president’s conduct of foreign affairs, his authorities under the Alien Enemies Act, and his core Article II powers to remove foreign alien terrorists from US soil and repel a declared invasion.“A single judge in a single city cannot direct the movements of an aircraft carrying foreign alien terrorists who were physically expelled from US soil.”Other Trump administration officials, who have not been named, echoed similar statements to Axios about the ruling coming too late, claiming that the administration did not defy the judge as the planes were “already outside of US airspace” and therefore arguing that the order was “not applicable”.In a court filing on Monday, lawyers for the administration said that the judge’s oral order was “not enforceable”.ABC News also reported that the administration cited “operational” and “national security” reasons that the planes needed to land, and that the two planes took off during the hearing on Saturday.When asked by a reporter on Sunday whether the administration violated the judge’s orders, Donald Trump said: “I don’t know, you have to speak to the lawyers about that.” He added: “I can tell you this, these were bad people.”Reuters reported that the Trump administration stated in a court filing on Sunday that “some” of the Venezuelans had already been removed from the US before the judge’s order, but did not provide any further details.The New York Times noted that the filing implied that the government had other legal grounds for the deportations of the Venezuelans, other than the use of the Alien Enemies Act that was blocked by the judge.The American Civil Liberties Union and Democracy Forward, which sued to stop the use of the act, added in a court filing on Monday that they believe that the government violated the court order , calling the administration’s actions a “blatant violation of the court’s order”.skip past newsletter promotionafter newsletter promotionThe rights groups asked the judge to compel the administration to clarify whether any flights departed after the judge’s orders, and to provide more information on the flight timings.On Monday morning, Boasberg scheduled a 4pm hearing for the Trump administration to explain if they defied his order.Later on Monday morning, Tom Homan, Trump’s “border czar”, told reporters: “By the time the order came, the plane was already over international waters, with a plane full of terrorists and significant public safety threats.”He added: “To turn the plane around over international waters” and “come back with terrorists back to the United States, that’s not what this president promised the American people”.He followed up the remarks in an appearance on Fox and Friends, where according to the Hill he said: “I don’t care what the judges think. I don’t care.”He repeated his claim that the flight was “already in international waters” but also questioned why the judge would want “terrorists returned to the United States”: “Look, President Trump, by proclamation, invoked the authorities of the Alien Enemies Act, which he has a right to do, and it’s a gamechanger.”The Georgetown law professor Steve Vladeck criticised the administration’s argument that it was too late to act once the planes had left the US. He argued on social media that “a federal court’s jurisdiction does not stop at the water’s edge” but rather, “the question is whether the defendants are subject to the court order, not where the conduct being challenged takes place”.Vladeck also told the Associated Press that although the judge’s verbal directive to turn around the planes was not technically part of his final written order, nevertheless the Trump administration clearly violated the “spirit” of it.Peter Markowitz, a Cardozo Law School professor and immigration enforcement expert, told Reuters that he believed the Trump administration’s actions “most certainly violate” the court’s order.In a statement on Monday, the Democratic senators Alex Padilla, Cory Booker, Dick Durbin and Peter Welch condemned Trump’s invocation of the Alien Enemies Act.“Let’s be clear: we are not at war, and immigrants are not invading our country,” they said. “Furthermore, courts determine whether people have broken the law – not a president acting alone, and not immigration agents picking and choosing who gets imprisoned or deported.”The deportations may not be the only instance of the White House directly violating a court order, after the administration reportedly deported Dr Rasha Alawieh, a kidney transplant specialist and Brown University professor, despite a court order temporarily blocking her expulsion.Citing her attorney and court documents, the New York Times reported that the 34-year-old Lebanese citizen – who had a valid US visa – was detained on Thursday upon returning to the US after visiting family in Lebanon. A federal judge had reportedly ordered the government to provide the court with 48 hours’ notice before deporting Alawieh, but she was reportedly put on a flight to Paris anyway. A hearing in her case is set for Monday. More

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      US deports 250 alleged gang members to El Salvador despite court ruling to halt flights

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      The US deported more than 250 mainly Venezuelan alleged gang members to El Salvador despite a US judge’s ruling to halt the flights on Saturday after Donald Trump controversially invoked the Alien Enemies Act, a 1798 law meant only to be used in wartime.El Salvador’s president, Nayib Bukele, said 238 members of the Venezuelan gang Tren de Aragua and 23 members of the Salvadoran gang MS-13 had arrived and were in custody as part of a deal under which the US will pay the Central American country to hold them in its 40,000-person capacity “terrorism confinement centre”.The confirmation came hours after a US federal judge expanded his ruling temporarily blocking the Trump administration from invoking the Alien Enemies Act, a wartime authority that allows the president broad leeway on policy and executive action to speed up mass deportations.The US district judge James Boasberg had attempted to halt the deportations for all individuals deemed eligible for removal under Trump’s proclamation, which was issued on Friday. Boasberg also ordered deportation flights already in the air to return to the US.“Oopsie … Too late,” Bukele posted online, followed by a laughing emoji.Soon after Bukele’s statement, the US secretary of state, Marco Rubio, thanked El Salvador’s leader.“Thank you for your assistance and friendship, President Bukele,” he wrote on the social media site X, following up on an earlier post in which he said the US had sent “2 dangerous top MS-13 leaders plus 21 of its most wanted back to face justice in El Salvador”.Rubio added that “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”.On Friday, Trump invoked the Alien Enemies Act to order the deportations of suspected members of the Venezuelan gang he has accused of “unlawfully infiltrating” the US. The US formally designated Tren de Aragua a “foreign terrorist organization” last month.View image in fullscreenHe claimed the gang members were “conducting irregular warfare and undertaking hostile actions” against the US.The Alien Enemies Act has only ever been used three times before, most recently during the second world war, when it was used to incarcerate Germans and Italians as well as for the mass internment of Japanese-American civilians.It was originally passed by Congress in preparation for what the US believed would be an impending war with France. It was also used during the war of 1812 and during the first world war. The US attorney general, Pam Bondi, slammed Judge Boasberg’s stay on deportations. “This order disregards well-established authority regarding President Trump’s power, and it puts the public and law enforcement at risk,” Bondi said in a statement on Saturday night.But lawyers for the American Civil Liberties Union contend that the Trump does not have the authority to use the law against a criminal gang, rather than a recognized state.On Sunday, the Republican senator Mike Rounds questioned whether the deportation flights had ignored Judge Boasberg’s order to turn around. “We’ll find out whether or not that actually occurred or not,” Rounds told CNN. “I don’t know about the timing on it. I do know that we will follow the law.”skip past newsletter promotionafter newsletter promotionEl Salvador’s multimillion-dollar “terrorism confinement centre” – which is known by its Spanish acronym Cecot – is the centerpiece of Bukele’s highly controversial anti-gang crackdown which has seen tens of thousands of people jailed since it was launched in March 2022.The 40,000-capacity “mega-prison” was opened at the start of 2023 and has since become an essential destination for rightwing Latin American populists keen to burnish their crime-fighting credentials with voters. “This is the way. Tough on crime,” Argentina’s hardline security minister, Patricia Bullrich, enthused last year after posing outside Cecot’s packed cells.A succession of social media influencers and foreign journalists have also been invited to tour the prison to document its harsh conditions and help Bukele promote his clampdown, which has helped dramatically reduce El Salvador’s once sky-high murder rate.“The conditions in there are like something you’ve never seen … Depending on which side of the argument you fall on, it’s either the ultimate deterrent or it’s an abuse of human rights,” the Australian TV journalist Liam Bartlett reported after visiting El Salvador’s “hellhole” prison recently.“There’s no sheets [and] no mattresses. [Prisoners] sleep on cold steel frames and they eat the same meal every single day. Utensils are banned so they use their hands [to eat]. There’s just two open toilets in each of these massive cells and the lights stay on 24/7,” Bartlett added. “Imagine how long you would last in these conditions.”Human rights activists have decried how the mass imprisonments have taken place largely without legal process. More than 100 prisoners have died behind bars since Bukele’s clampdown began.Neither the US nor El Salvador offered any immediate evidence that the scores of Venezuelan prisoners sent to Cecot this weekend were in fact gang members or had been convicted of any offense. More

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      ‘Maga since forever’: mercenary mogul Erik Prince pushes to privatize Trump deportation plans

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      Silicon Valley has played a sizable part in the early days of Donald Trump’s new administration, but another familiar face in the Maga-verse is beginning to emerge: businessman Erik Prince, often described by his critics as a living “Bond villain”.Prince is the most famous mercenary of the contemporary era and the founder of the now defunct private military company Blackwater. For a time, it was a prolific privateer in the “war on terror”, racking up millions in US government contracts by providing soldiers of fortune to the CIA, Pentagon and beyond.Now he is a central figure among a web of other contractors trying to sell Trump advisers on a $25bn deal to privatize the mass deportations of 12 million migrants.In an appearance on NewsNation, he immediately tried to temper that his plan had any traction.“No indications, so far,” said Prince about a federal contract materializing. “Eventually if they’re going to hit those kinds of numbers and scale, they’re going to need additional private sector.”But the news had people wondering, how is Prince going to factor into the second Trump presidency?Sean McFate, a professor at Georgetown University who has advised the Pentagon and the CIA, said: “Erik Prince has always been politically connected to Maga, the Maga movement, and that’s going back to 2015.”Prince, himself a special forces veteran and ex-Navy Seal, is a known business associate of Steve Bannon, the architect of Trump’s first electoral win. Prince even appeared with him last July at a press conference before Bannon surrendered to authorities and began a short prison sentence for defying a congressional subpoena.“He comes from a wealthy Republican family,” said McFate, who has authored books on the global mercenary industry and is familiar with Prince’s history. “His sister, Betsy DeVos, is the former education secretary, and he’s been a Maga, not just a Maga, he’s been a Steve Bannon, Maga Breitbart Republican, since forever.”Beginning during the two Bush administrations, Blackwater was a major recipient of Pentagon money flowing into wars in Iraq and Afghanistan. But a massacre in Baghdad at the hands of some of his contractors led to prison sentences, congressional inquiries and blacklistings of the firm.Years later, Trump would come to the rescue: pardoning all of the Blackwater mercenaries involved in the massacre.Now, with the current administration, which is doling out free advertising to Elon Musk and other Maga loyalists, Prince has a new and familiar ally in Washington.“This is a big market time for him,” said McFate. “He’s very quiet when there’s a Democrat in the White House and gets very noisy when a Republican, especially Trump, is in the White House; I expect this to be one of many things he will try to pitch.”Do you have tips about private military contractors or the world of Erik Prince? Tip us securely here or text Ben Makuch at BenMakuch.90 on Signal.McFate said Prince is nothing if not an “opportunist” and an “egotist” with a penchant for getting into media cycles.“If Trump or somebody says ‘That’s an interesting idea,’ he will pump out a PowerPoint slideshow proposing an idea, whether or not he can do it,” he said. Prince also has the ear of Tulsi Gabbard, the director of national intelligence, and was a character witness for her Senate confirmation.There’s no denying Prince is a relentless pitchman, offering world governments billion-dollar plans to privatize wars or other less expensive espionage activities. For example, he was recently named to the advisory board of the London-based private intelligence firm Vantage Intelligence, which advises “sovereign wealth funds” and other “high-net-worth individuals”.skip past newsletter promotionafter newsletter promotionPost-Blackwater and under new companies, he has proposed missions in Afghanistan, Ukraine, Congo, Libya and, purportedly, Venezuela – a country he often mentions as ripe for overthrow on his podcast, Off Leash.A senior commander in an alliance of former Venezuelan soldiers who defected from the Chavista regime told the Guardian his organization has been asking Prince for help against the country’s current president, Nicolás Maduro.“We have sent messages to Mr Erik Prince to try to see if we can meet,” said Javier Nieto Quintero, a Florida-based former captain in the Venezuelan military and leader of the Venezuelan dissident organization Carive. “If he wants, we can provide help, support in terms of information, intelligence, or any other area based on the freedom of our country.”Nieto Quintero, who said Prince has yet to respond, and Carive was used in a failed operation against Maduro in 2020 led by a former Green Beret. In what is notoriously known as the “Bay of Piglets”, six of Nieto Quintero’s men were killed and close to 100 captured, including two former US servicemen recruited for the job who were freed two years ago from a Caracas prison.Prince’s eye has undoubtedly been focused on Venezuela, a country with vast oil reserves that has long been in the crosshairs of Trump’s retinue. In recent months, Prince has supported a Venezuelan opposition movement called Ya Casi Venezuela, claiming to have raised more than $1m for it over the summer. The Maduro regime is now investigating Prince’s links to the campaign, which it paints as a sort of front for western governments fostering its downfall.Venezuela has reason to fear Prince and his connections to American spies: the CIA, with a rich history of covert actions in Latin America, was at least aware of a plot to overthrow Maduro’s predecessor Hugo Chávez in 2002.“We were in contact with Ya Casi Venezuela, but a meeting never took place,” said Nieto Quintero. “We have continued to grow and strengthen our ranks and our doctrine, our plans, our institutional, military, security and defense proposals.”Prince is officially active in the region. Last week, Ecuador announced it would be partnering with Prince in a “strategic alliance” to reinforce the country’s controversial “war on crime” with his expertise.Prince did not respond to a request for comment sent through his encrypted cellphone company, Unplugged. Ya Casi Venezuela did not answer numerous emails about its relationship with Prince. As of now, no business deal between the Trump administration and Prince has been signed or publicly disclosed.But across his career as both a shadowy contractor and a political figure, who just graced the stages of the latest Conservative Political Action Conference (CPAC) to applause and then spoke to Harvard Republicans, the public and private sides of Prince remain somewhat antithetical.“He likes to be in the news, which makes him a very bad mercenary,” said McFate. “Frankly, most mercenaries I talk to in Africa, the big ones, despise him.” More

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      Trump invokes 18th-century wartime act to deport five Venezuelans

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      Donald Trump has invoked the wartime Alien Enemies Act of 1798 to deport five Venezuelan nationals from the US.In a presidential proclamation issued on Saturday, the White House said: “Tren de Aragua (TdA) is a designated Foreign Terrorist Organization with thousands of members, many of whom have unlawfully infiltrated the United States and are conducting irregular warfare and undertaking hostile actions against the United States.”The invocation of the wartime act comes just hours after a federal judge temporarily blocked Trump’s administration from using the 1798 Act to carry out its intended deportations of the Venezuelans.On Saturday, US district judge James Boasberg of the federal district court in Washington DC agreed to issue temporary restraining order that prevents the Venezuelans’ deportation for 14 days.“Given the exigent circumstances that it [the court] has been made aware of this morning, it has determined that an immediate Order is warranted to maintain the status quo until a hearing can be set,” Boasberg wrote in his order.Boasberg’s decision comes in response to a lawsuit filed the same day by the American Civil Liberties Union and Democracy Forward. The organizations charge that the Trump administration unlawfully invoked the Alien Enemies Act.In the lawsuit, ACLU and Democracy Forward argue the act has been invoked only three times in the history of the US: the war of 1812, first world war and second world war.“It cannot be used here against nationals of a country – Venezuela – with whom the United States is not at war, which is not invading the United States and which has not launched a predatory incursion into the United States,” the lawsuit stated.“The government’s proclamation would allow agents to immediately put noncitizens on planes without any review of any aspect of the determination that they are alien enemies,” the lawsuit added.A remote hearing has been scheduled for today at 5pm before Boasberg. Both ACLU and Democracy Forward will ask that the temporary restraining order be broadened to everyone in danger of removal under the act, the civil liberties organizations said.The president had previously ordered his administration to designate Venezuela’s Tren De Aragua gang as a foreign terrorist organization.With Trump characterizing the gang as a foreign force that is invading the US, civil liberties organizations such as the ACLU fear that Trump may invoke the 1798 act “unlawfully during peacetime to accelerate mass deportations, sidestepping the limits of this wartime authority and the procedures and protections in immigration law.”The invocation is expected to face legal challenges almost immediately. The 227-year-old law is designed to primarily be used in wartime, and only Congress has the authority to declare a war. But the president does have the discretion to invoke the law to defend against a “threatened or ongoing invasion or predatory incursion”, according to the Brennan Center for Justice, a non-partisan authority on law and policy.“This law shouldn’t be invoked because migration is not an invasion, and we’re not in a war time,” said Juliana Macedo do Nascimento, the deputy director of federal advocacy for United We Dream, an immigrant rights organization. “It’s extremely horrifying that we, as immigrants, are being labeled as terrorists, as invaders.”Those subject to the Alien Enemies Act could be deported without a court hearing or asylum interview, and their cases would be governed by wartime authority rather than by immigration law.The Alien Enemies Act specifically allows the president to detain, relocate, or deport immigrants based on their country of ancestry – and crucially covers not only citizens of hostile nations but also “natives”, which could include people who may have renounced their foreign citizenship and sought legal residency in the US.The centuries-old law was also used to arrest more than 31,000 people – mostly people of Japanese, German and Italian ancestry – as “alien enemies” during the second world war, and played a role in the mass removal and incarceration of Japanese Americans during the war.Trump has been building his case for invoking the act for years by characterizing the influx of migrants at the southern border as an “invasion”. He also previewed his invocation in an executive order on his inauguration day, directing the secretaries of state to plan by preparing facilities “necessary to expedite the removal” of those subject to the act.“By invoking the Alien Enemies Act of 1798, I will direct our government to use the full and immense power of federal and state law enforcement to eliminate the presence of all foreign gangs and criminal networks bringing devastating crime to US soil, including our cities and inner cities,” he said in his inaugural address.Though anti-immigrant politicians and groups have long advocated for the use of the act in response to unlawful border crossings, Macedo do Nascimento said a number of executive orders and congressional policies have already broadened the federal government’s authorities to detain and deport immigrants.“There are already laws that allow for mass detention. There are already laws, like the Laiken Riley Act, that would broaden the dragnet of people who can be detained,” Macedo do Nascimento said. “So the idea of him invoking the Alien Enemies Act feels kind of needless. To me, it is really about building the narrative to label immigrants as terrorists.” More