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    White House asks supreme court to allow deportations under wartime law

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    The Trump administration on Friday asked the US supreme court to intervene to allow the government to continue to deport immigrants using the obscure Alien Enemies Act.The request came one day after a federal appeals court upheld a Washington DC federal judge’s temporary block on immigrant expulsions via a wartime act that allows the administration to bypass normal due process, for example by allowing people a court hearing before shipping them out of the US.Friday’s emergency request claims that the federal court’s order temporarily blocking the removal of Venezuelans forces the US to “harbor individuals whom national-security officials have identified as members of a foreign terrorist organization bent upon grievously harming Americans”.Trump’s invocation of the Alien Enemies Act has spurred a legal battle between the executive and judiciary branches of the US federal government.“We will urge the supreme court to preserve the status quo to give the courts time to hear this case, so that more individuals are not sent off to a notorious foreign prison without any process, based on an unprecedented and unlawful use of a wartime authority,” said Lee Gelernt in a statement on Friday afternoon. Gelernt is the deputy director of the ACLU’s immigrants’ rights project and lead counsel in the case.As the executive branch continues to battle the constitutionally coequal judiciary branch for primacy, the US justice department said in its filing on Friday that the case presents the question of who decides how to conduct sensitive national security-related operations, the president or the judiciary.“The Constitution supplies a clear answer: the President,” the department wrote. “The republic cannot afford a different choice.“On 15 March, Trump invoked the Alien Enemies Act, a wartime statute allowing the government to expel foreign nationals considered to be enemies to the US. When invoking the act, Trump, without proof, claimed that the Venezuelan gang Tren de Aragua had “infiltrated” the US at the behest of the Venezuelan government.A US intelligence document accessed by the New York Times contradicts Trump’s claim about the Venezuelan government’s ties to the gang.That day, attorneys filed an emergency motion to block the use of the Alien Enemies Act to expel migrants to El Salvador. Then planes took off from the US, transporting the nearly 300 immigrants accused of being gang members. As the planes were in mid-air, a federal judge in Washington blocked the use of the Alien Enemies Act to expel the immigrants, but the Venezuelans were not returned to the US.Despite the Trump administration in its supreme court filing claiming that it engaged in a “rigorous process” to identify members of the Venezuelan gang, news stories are increasingly placing those claims into question. Family members of many of the deported Venezuelan migrants deny the alleged gang ties. This month, the US district judge James Boasberg ordered the Trump administration to engage in “individualized hearings” for immigrants accused of being members of Tren de Aragua. More

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      Human rights groups rebuke Kristi Noem’s visit to El Salvador prison: ‘political theater’

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      Human rights organizations on Thursday denounced the visit by the US homeland security secretary, Kristi Noem, to the notorious prison in El Salvador that is holding hundreds of Venezuelans deported from the US earlier this month without a hearing, calling her actions “political theater”.Critics condemned Noem’s visit as just the latest example of the Trump administration’s aim to spread fear among immigrant communities, as the cabinet member stood in a baseball hat in front of a line of caged men bare from the waist up.Noem visited the so-called Cecot, or Terrorism Confinement Center, an infamous maximum-security prison. The prison, built in 2022 during a brutal government crackdown on organized crime, is where nearly 300 migrants, previously in US custody, were recently expelled and are currently detained.They have been accused of being violent gang members, despite family members of several of the men asserting that they are not.“The Department of Homeland Security secretary’s visit is an example of the fear that Trump’s government wants to instill in immigrants,” attorney Ivania Cruz said on Thursday. Cruz works with the Committee to Defend Human and Community Rights (Unidehc), a human rights organization in El Salvador. “This is precisely what Noem has done — use the Cecot as a cinematographic space,” she added.Noem’s visit to the prison “was a typical gross and cruel display of political theater that we have come to expect from the Trump administration,” Vicki Gass said. Gass is the executive director of the Latin America Working Group (LAWG), a human rights organization based in Washington DC. “That the Trump administration is flouting judicial orders and denying due process to people within the US borders is outrageous and frightening.”Earlier this month, Donald Trump invoked the Alien Enemies Act, a wartime provision that allows the executive to detain and deport people coming from an “enemy” nation. Despite a federal judge blocking the invocation of the act, shortly after, planes from the US landed in El Salvador, filled with men and women in immigration custody. More than 250 men, mostly from Venezuela, were quickly and forcibly shuffled into the Cecot, where officials shaved their heads and placed them in cells.Trump and his administration have repeatedly claimed that the men were members of transnational gangs. When invoking the Alien Enemies Act, Trump – without proof – accused the Venezuelan gang Tren de Aragua of having “infiltrated” the US at the behest of the Venezuelan government. US intelligence agencies contradict Trump’s claims about ties between the gang and the Venezuelan government, the New York Times has reported, and the Venezuelan government has also denied it is connected.News reports across various publications have emerged revealing the identity of the Venezuelan men expelled to El Salvador, with family members saying some of the men are innocent. When pressed, the DHS has not provided proof of those men’s purported ties to the gang and they were flown out of the US without a hearing, raising questions about violations of constitutional due process rights.The federal judge in Washington who blocked the invocation of the Alien Enemies Act has repeatedly pressed the Trump administration to provide information about their process to conduct the operation, also ordering “individualized hearings” for people Trump wants to expel under the act. In response, the Trump administration invoked “state secrets” privilege, to avoid disclosing any information about the operation.The Salvadorian prison that Noem visited was constructed in 2022, during El Salvador’s “state of exception”, a move by the president, Nayib Bukele, that rounded up thousands of people in an attempt to crack down on criminal gangs. According to Cruz, the human rights attorney, and other organizations, the state of exception violated due process rights, with thousands being caught up in arrests and detention without proof of gang membership.Cruz has been targeted for her work denouncing conditions in the Salvadorian prisons. During the state of exception, her brother was arrested and imprisoned by the Bukele government. Cruz fought for his release and since then, she has taken on a role as a key spokesperson for people who have been wrongfully detained in the prisons.“It is not by chance that the expelled immigrants are from Venezuela, when we know there is a political conflict between the two countries,” Cruz said. “Today it is Venezuelans – tomorrow may be Chileans, then Colombians. It’s an international problem that is provoking conflict.”Noem’s visit came one day before a protest organized by a Salvadorian rights organization, opposing the Central American government’s “arbitrary detentions”.“I also want everybody to know, if you come to our country illegally, this is one of the consequences you can face,” Noem said in a video posted on X from the Cecot prison. “Know that this facility is one of the tools in our toolkit that we will use if you commit crimes against the American people.”The use of another country’s vast, maximum-security prison to detain immigrants from a third country is unprecedented, especially considering the grave allegations of abuses at this and other Salvadorian prisons.“Amnesty International has extensively documented the inhumane conditions within detentions centers in El Salvador, including the Cecot, where those removed are now being held,” the organization said in a statement on Wednesday. “Reports indicate extreme overcrowding, lack of access to adequate medical care, and widespread ill-treatment amounting to cruel, inhuman, or degrading treatment.”According to Ana María Méndez Dardón, the Central America director for the Washington Office on Latin America, a human rights non-profit in DC, there are two or three huge prisons in El Salvador where the mass incarceration of people has been concentrated. The detention centers in the country have faced extreme allegations of human rights abuses.“The Cecot has a capacity for 40,000 people, that is to say only 30% of the current prison population, the rest of the population is located in other centers, such as the one in Mariona, where torture and other human rights violations have been documented,” Méndez Dardón said.She added: “Unlike the videos edited and produced about Cecot, President Bukele is not showing the world the true reality within the other detention centers, where the Inter-American Commission on Human Rights has stated that they have committed torture and other cruel and inhuman treatment.”Reports have described bare metal bunks stacked high like shelving and with no bedding whatsoever.The Trump administration’s practice of denying due process and defying judicial orders “is outrageous and frightening”, Gass, from LAWG, added. “So is forcibly disappearing them to Cecot where prisoners are not allowed to meet with lawyers or their family members, are jammed into overcrowded cells, and never see the light of day.” More

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      Donald Trump is seeking to erase the United States as we know it | Laurence H Tribe

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      Less than seven weeks into Donald Trump’s second term as president, his administration has set off a new wave of handwringing over what has by now become a familiar question: has the US entered a constitutional crisis?Triggering the latest iteration of that worry, the government hastily deported more than 200 Venezuelan immigrants to a notorious prison in El Salvador, without hearings or evidence and thus without anything even resembling due process of law, pursuant to the US president’s proclamation “signed in the dark on Friday evening” that they constituted an invasion by a foreign state.Trump invoked a 1798 statute last used to intern Japanese Americans during the second world war, buttressed by powers he claimed were inherent in the presidency. Chief judge James E Boasberg of the US district court for the District of Columbia rushed to convene a hearing on the legality of the challenged action as two deportation flights departed from Texas, followed quickly by a third. Moments after the judge ordered them to return so he could rule on a motion barring the deportation, El Salvador’s president, Nayib Bukele, tweeted: “Oopsie … Too late”, with a laughing emoji, even as the court considered whether its order had been defied.The branch of government best able to uncover and safeguard both our noblest traditions and the simple truth in moments such as these – the judiciary – has been hobbled and vilified by Trump and his allies, making wildly irresponsible calls for impeachment that put dangerous targets on the backs of judges who rule in ways they dislike. Even mild-mannered chief justice John Roberts had to cry “foul”. The administration’s cavalier attitude toward courts that fail to do its bidding, exemplified by calls for Boasberg’s removal, seemed to confirm concerns about a looming crisis.But searching for evidence of a “constitutional crisis” in the rapidly escalating clashes of the executive branch with the judicial branch misses the larger cataclysm taking place across the US. This president, abetted by the supine acquiescence of the Republican Congress and licensed by a US supreme court partly of his own making, is not just temporarily deconstructing the institutions that comprise our democracy. He and his circle are making a bid to reshape the US altogether by systematically erasing and distorting the historical underpinnings of our 235-year-old experiment in self-government under law.What we are currently living through is nothing less than a reorganized forgetting of the building blocks of our republic and the history of our struggles, distorting what it means to be American. The body politic is being hollowed out by a rapidly metastasizing virus attacking the underpinnings of our entire constitutional system. Make no mistake. This is how dictatorship grows.Symptomatic of that reshaping is the peculiar emergence, in a duet staged by the president together with the world’s richest man and Trump’s main benefactor, of a co-presidency without precedent in our republic and without even a hint of the irony in such shared power being propagated by ideologues whose mantra has long been the need for a “unitary presidency”.As staffers of the newly minted so-called “department of government efficiency” (Doge) raided congressionally created independent federal agencies and foundations without warning and slashed entire programs without thought, the Trump administration stuttered when asked by the courts to explain who was in charge of the “department” that no Congress had created – and how the leader of that enterprise had somehow acquired the power of the purse that the constitution clearly delegated only to Congress.More than just stonewalling courts and refusing to provide basic information on government activities, the Trump administration has waged war on history itself. Having first debilitated our capacity to act, it is now coming after our capacity to think. The same day Boasberg directed the administration to explain why it had seemingly failed to comply with his order, Doge staffers marched into the Institute of Museum and Library Services (IMLS), the agency responsible for funding many needy public museums, libraries and historic repositories across the country.Like Julius Caesar besieging and burning the Library of Alexandria, the Doge officials descended upon the IMLS to begin the process of gutting the public institutions dedicated to preserving and making widely available the shared memory of our past. It was none other than Benjamin Franklin whose conception of public libraries democratized knowledge and made it accessible to ordinary people. What used to be the private province of the few became the public province of the many.The attack on the IMLS is only the latest episode of the Trump presidency’s attempt to privatize information while replacing authentic history with a version more to its liking. As internet archivists race to back up the nation’s files and records, Trump administration officials have been systematically purging government websites in real time of the tools, concepts and language we need to act as informed citizens. In response to secretary of defense Pete Hegseth’s order to remove “diversity” content from the department’s platforms, the Pentagon took down pages about the Holocaust, September 11, cancer awareness and suicide prevention. So too, the Department of Agriculture deleted entire datasets and resources that farmers relied on to identify ways of coping with heat waves, droughts, floods and wildfires. Websites belonging to the Small Business Administration and Arlington National Cemetery scrubbed their platforms of photographs and references to women, LGBTQ+ individuals and people of color, including facts about American heroes such as Jackie Robinson or Gen Colin Powell.Taken together, these events of the past few weeks reveal an alarmingly rapid collapse of what gives the United States constitution life and meaning. Its words may remain unchanged, but its role in our lives is crumbling before our eyes. Looking for a decisive explosion or a moment of crisis – what physicists call a singularity – in the chaotic onrush of presidential provocations is a fool’s errand, one calculated to disarm the resistance without which we will surely be doomed.The seeds of our ongoing disintegration long precede Trump’s rise to power. They were planted decades ago by strategic politicians who dressed rightwing ideologies in conservative garments, permitting the darkest angels of our nature to take hold and to reach a climax in fake claims of a stolen election that led to an insurrection in our country’s capital, followed first by the Senate’s abdication of its duty in Trump’s second impeachment trial (on the bogus ground that the trial had begun too late to give the Senate jurisdiction) and next by the US supreme court’s gifting of Trump – and every future president – with a nearly absolute immunity transforming the office from one restrained by law to a source of virtually limitless power.Rarely noted is how this frightening power to ignore federal criminal law has been conferred not only on the president but on his legions of loyal lieutenants, from public officials to private militias. Because the constitution itself gives presidents an unbridled power to pardon others – a power Trump reveled in employing to free from prison the violent insurrectionists that he had himself helped unleash – we now live under a system in which any president can license his trusted followers to commit crimes to consolidate his power and wealth, making clear that a pardon awaits them should they face federal prosecution. The upshot is that privateers in league with the president can safely ignore federal laws criminalizing corrupt evasion of rules designed to protect public health and safety while they casually usurp powers the constitution gave to Congress, moving so fast and breaking so much that not even genuinely independent federal courts can keep pace with the mayhem.In his iconic poem The Hollow Men, TS Eliot a century ago famously wrote: “This is the way the world ends / This is the way the world ends / … /Not with a bang but a whimper.” Rooted in our past, the anti-democracy virus has reached a fever pitch as it ravages the body politic and revises all traces of our history. It’s a virus we must fight with all the energy we can muster if we don’t want our system of self-government under law to die – not in a sudden explosion but with a quiet whimper.The tragedy is that too many politicians and organizations are caving in without a fight, leading others to follow suit. With each surrender, Trump and his minions not only grow more emboldened but cement their hold on power by cracking down on all who dare oppose them in court, including lawyers who come to the aid of the administration’s enemies.Without more courageous leaders – including Republican officeholders who fear being primaried by candidates backed by limitless wealth – and without more bravery on the part of corporate CEOs whose fortunes can be threatened by Trump, elite lawyers whose business can shrivel if Trump targets them, and ordinary citizens understandably fearing online threats and worse, this darkness will be our destiny as we are reduced to mere memories and then relegated to the vast wasteland of the forgotten.

      Laurence H Tribe is the Carl M Loeb University professor and professor of constitutional law emeritus at Harvard Law School. Meriting special thanks and acknowledgment is his research assistant, Radhika M Kattula, a third-year law student at Harvard Law School. More

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      Venezuelan immigrants deported from US to Venezuela via Honduras

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      A group of Venezuelan immigrants have been deported from the US to Honduras and then sent on to Venezuela, after an apparent deal between the three countries.The flights came one day after a Venezuelan government official announced on social media it would resume accepting deportees from the US. Deportations from the US to Venezuela, which have rarely taken place, have been a point of dispute for the Trump administration.Sunday’s indirect deportation flight to Venezuela comes amid heightened tensions between the Trump administration and Venezuela, and an increase in operations targeting Venezuelan immigrants in the US.The Venezuelan government official’s announcement also alluded to the highly contentious expulsion of Venezuelan migrants to El Salvador last week.“Migrating is not a crime, and we will not rest until we accomplish the return of all who need it, and until we rescue our brothers that are kidnapped in El Salvador,” said Jorge Rodríguez Gomez, the president of the Venezuelan national assembly.The Honduran foreign minister announced on Sunday night that 199 Venezuelans were deported from the US to a military base in Honduras on Sunday. From there, the migrants were placed on Venezuelan planes and returned to Venezuela.“This process shows us again the positive cooperation between the government of Honduras, the United States of America and the Bolivarian Republic of Venezuela,” Enrique Reina said on X.According to the US state department’s Bureau of Western Hemisphere Affairs, the Trump administration expects to see “a consistent flow of deportation flights to Venezuela going forward”.Since the Trump administration took office two months ago, there has been heightened pressure and aggression towards the Venezuelan government. In early February, the Venezuelan government sent two planes to the US to pick up deportees and returned them to Venezuela. At the time, the two flights were seen as a breakthrough in relations between the US and Venezuela.However, scheduled flights were again placed on hold by the Venezuelan government, after Donald Trump reversed the 2022 license given to Chevron to operate in Venezuela. Last week, secretary of state Marco Rubio threatened “new, severe, and escalating sanctions” on Venezuela if it did not accept deportations.On Monday, the treasury department published a license authorizing the wind down of Chevron’s work in Venezuela.The first deportation to Venezuela via Honduras took place last month, when the US deported 177 Venezuelan immigrants previously detained at the Guantánamo Bay naval base. The US government’s Immigration and Customs Enforcement agency and the Honduran foreign minister at the time both announced that deportation.The Honduran government has strong diplomatic relations with Venezuela and their involvement in the transfer of Venezuelan deportees raises questions about behind-the-scenes negotiations between the Trump administration and the two Latin American governments. Before the US president took office, Honduran leftwing president Xiomara Castro had threatened to expel the US military from a base in the Central American country, in response to Trump’s threats to engage in mass deportations.But after February’s first deportation to Venezuela via Honduras, Reina confirmed that Castro’s husband – former president reformist Manuel Zelaya– had coordinated with Trump envoys Mauricio Claver-Carone and Richard Grenell for the transfer of the migrants.In a shakeup to US and Honduran relations, Castro’s brother-in-law and Zelaya’s brother, was previously accused in a US federal court of collaborating with drug traffickers. Her predecessor Juan Orland0 Hernández was convicted and sentenced in New York of drug trafficking.All of this comes amid heightened US aggression towards the Venezuelan government. Earlier this year, before Trump assumed the presidency, the US state department announced a reward of up to $25m, for information leading to the capture of Venezuelan president Nicolás Maduro. In March 2020, under Trump’s first presidency, Maduro and other top officials were indicted in a New York federal court of drug trafficking and related crimes.On Monday, Trump threatened to impose 25% tariffs on any country that purchases oil from Venezuela, saying the country “has been very hostile to the United States and the Freedoms which we espouse”.When announcing the secondary tariffs, Trump added, without proof, that Venezuela has “purposefully and deceitfully” sent to the US, tens of thousands of “undercover” gang members. In late February, the state department designated the Venezuelan gang Tren de Aragua as a terrorist organization. The Trump administration has continually, also without proof, claimed that many Venezuelan immigrants in the US belong to the gang, and have been sent by the Venezuelan government.Last week, the Trump administration quickly, and without due process, expelled 238 Venezuelan migrants from the US to El Salvador after invoking the Alien Enemies Act. When invoking the Act, Trump said that the Tren de Aragua gang “is closely aligned with, and indeed has infiltrated, the Maduro regime”.The Venezuelan immigrants were sent to a high-security “terrorism” prison, run by the rightwing Salvadoran government of Nayib Bukele.In the days that followed, news organizations began publishing details of the operation, including that some of the Venezuelans expelled to El Salvador were not members of the Tren de Aragua gang. The Trump administration continues to say that the rendition operation was legal, and that all Venezuelans expelled in the operation were gang members. A federal judge blocked the administration from expelling people via the Alien Enemies Act, and on Monday, he ruled migrants are entitled to individual hearings before being expelled.Despite the Trump administration claiming that alleged Tren de Aragua members were sent by the Venezuelan government, an intelligence document suggests otherwise. Reporting from the New York Times last Thursday revealed that the CIA and the National Security Agency contradict Trump’s claims of the Venezuelan government’s ties to the Tren de Aragua gang, raising questions about Trump’s invocation of the war-time Alien Enemies Act. The justice department announced a criminal investigation into the source of the New York Times’ reporting. More

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      Venezuela Accepts Flight Carrying Deportees From U.S. for First Time in Weeks

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      The Trump administration sent a flight carrying deportees from the United States to Venezuela on Sunday, the first such flight since the Venezuelan government reached an agreement with the Trump administration on Saturday to resume accepting them.Diosdado Cabello, Venezuela’s interior minister, invited journalists to an airport near Caracas, the capital, on Sunday at 8 p.m. for the arrival of the flight, which the government said was part of what it is calling the Return to the Homeland. The Department of Homeland Security, which oversees U.S. Immigration and Customs, confirmed that a deportation flight to Venezuela had landed and that it was carrying 199 people.The Trump administration has made it a priority to get the Venezuelan government to agree to accept flights carrying people deported from the United States. In recent years, hundreds of thousands of Venezuelans have entered the country amid a historic surge in migration, and during his campaign, President Trump vowed to carry out mass deportations and to send home migrants.However, because the United States has limited diplomatic relations with the autocratic regime of Nicolás Maduro, the U.S. government has not been able to send regular deportation flights to Venezuela.After briefly agreeing to accept flights after Mr. Trump took office, Mr. Maduro ceased doing so weeks ago, after the Trump administration revoked a Biden-era policy that had allowed more oil to be produced in Venezuela and exported.Mr. Maduro then came under intense pressure from the Trump administration. Secretary of State Marco Rubio said on social media that Venezuela would face new, “severe and escalating” sanctions if it refused to accept its repatriated citizens. This weekend, it announced it would take flights again beginning on Sunday.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Venezuela Says It Will Resume Accepting U.S. Deportation Flights

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      Venezuela announced Saturday that it had reached an agreement with the Trump administration to resume accepting deportation flights carrying migrants who were in the United States illegally, with the first one landing as soon as Sunday.Part of Venezuela’s willingness to accept the flights appeared related to the plight of Venezuelan migrants whom the Trump administration recently sent to notorious prisons in El Salvador with little to no due process. In a statement on Saturday, a representative for the Venezuelan government said: “Migration isn’t a crime, and we will not rest until we achieve the return of all of those in need and rescue our brothers kidnapped in El Salvador.”The White House did not respond to a request for comment Saturday, though one of the president’s close allies, Richard Grenell, said earlier this month that the Venezuelans had agreed to accept the flights.Venezuela’s autocratic leader, Nicolás Maduro, suspended the deportation cooperation after the Trump administration revoked a Biden-era policy that allowed more oil to be produced in Venezuela and exported.Since the suspension of the flights, Mr. Maduro has come under intense pressure from the Trump administration, which has been pressing various Latin American nations to take in more deportees. Secretary of State Marco Rubio said on social media that Venezuela would face new “severe and escalating” sanctions if it refused to accept its repatriated citizens.Venezuelans have crossed the U.S.-Mexico border in record numbers in recent years, in response to the economic and social crisis consuming the nation, which Mr. Maduro blames on U.S. sanctions against his regime.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Judge to Consider Block on Trump’s Use of Wartime Law to Deport Venezuelans

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      A hearing has been set for Friday afternoon to debate whether a federal judge in Washington acted correctly when he temporarily stopped the Trump administration last weekend from summarily deporting scores of Venezuelan immigrants under a powerful but rarely invoked wartime statute.The hearing, scheduled for 2:30 p.m. in Federal District Court in Washington, could also include some discussion about the Justice Department’s repeated recalcitrance in responding to the judge’s demands. He has been requesting information about two deportation flights in particular, which officials say carried members of a Venezuelan street gang, Tren de Aragua, to El Salvador.The judge, James E. Boasberg, scolded the department in a stern order on Thursday for having “evaded its obligations” to provide him with data about the flights. He wants that information as he seeks to determine whether the Trump administration violated his initial instructions to turn the planes around after they left the United States on Saturday evening.Most of the courtroom conversation, however, is likely to concern Judge Boasberg’s underlying decision to stop the White House for now from using the wartime law, known as the Alien Enemies Act, to pursue its immigration agenda. The statute, passed in 1798, gives the government expansive powers during an invasion or a declared war to round up and summarily remove any subjects of a “hostile nation” over the age of 14 as “alien enemies.”Almost from the moment Judge Boasberg entered his provisional decision barring President Trump from using the law, the White House and the Justice Department have accused him of overstepping his authority by improperly inserting himself into the president’s ability to conduct foreign affairs.But Judge Boasberg imposed the order in the first place to give himself time to figure out whether Mr. Trump himself overstepped by stretching or even ignoring several of the statute’s provisions, which place checks on how and when it can be used.The administration has repeatedly claimed, for instance, that members of Tren de Aragua should be considered subjects of a hostile nation because they are closely aligned with the Venezuelan government. The White House, echoing a position that Mr. Trump pushed during his campaign, has also insisted that the arrival to the United States of dozens of members of the gang constitutes an invasion.But lawyers for some of the deported Venezuelans dispute those claims, saying that their clients are not gang members and should have the opportunity to prove it. The lawyers also say that while Tren de Aragua may be a dangerous criminal organization, which was recently designated as a terrorist organization, it is not a nation state.Moreover, they have argued that even if the members of the group have come to the United States en masse, that does not fit the traditional definition of an invasion. More

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      Judge demands answers from White House on deportation flights to El Salvador

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      A federal judge instructed the Trump administration on Thursday to explain why its failure to turn around flights carrying deportees to El Salvador did not violate his court order in a growing showdown between the judicial and executive branches.James Boasberg, the US district judge, demanded answers after flights carrying Venezuelan immigrants alleged by the Trump administration to be gang members landed in El Salvador after the judge temporarily blocked deportations conducted under an 18th-century wartime law. Boasberg had directed the administration to return planes that were already in the air to the US when he ordered the halt.Boasberg had given the administration until noon Thursday to either provide more details about the flights or make a claim that they must be withheld because they would harm “state secrets”. The administration resisted the judge’s request, calling it an “unnecessary judicial fishing” expedition.In a written order, Boasberg called Trump officials’ latest response “woefully insufficient”. The judge said the administration “again evaded its obligations” by merely repeating “the same general information about the flights”. He ordered the administration to “show cause” as to why it didn’t follow his court order to turn around the planes, increasing the prospect that he may consider holding administration officials in contempt of court.The justice department has said the judge’s verbal directions did not count, that only his written order needed to be followed and that it couldn’t apply to flights that had already left the US. A DoJ spokesperson said Thursday that it “continues to believe that the court’s superfluous questioning of sensitive national security information is inappropriate judicial overreach”.A US Immigration and Customs Enforcement official told the judge Thursday the administration needed more time to decide whether it would invoke the state secrets privilege in an effort to block the information’s release.Boasberg then ordered Trump officials to submit a sworn declaration by Friday by a person “with direct involvement in the Cabinet-level discussions” about the state secrets privilege and to tell the court by next Tuesday whether the administration will invoke it.In a deepening conflict between the judicial and executive branches, the US president and many of his allies have called for impeaching Boasberg, who was nominated to the federal bench by Barack Obama. In a rare statement earlier this week, John Roberts, the supreme court chief justice, rejected such calls, saying “impeachment is not an appropriate response to disagreement concerning a judicial decision”.skip past newsletter promotionafter newsletter promotionTrump on Thursday urged the supreme court to limit federal judges’ ability to issue orders blocking the actions of his administration nationwide, writing on social media: “STOP NATIONWIDE INJUNCTIONS NOW, BEFORE IT IS TOO LATE.” More

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      ‘Deported because of his tattoos’: has the US targeted Venezuelans for their body art?

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      Like many Venezuelans of his generation, Franco José Caraballo Tiapa is a man of many tattoos.There is one of a rose, one of a lion, and another – on the left side of the 26-year-old’s neck – of a razor blade that represents his work as a barber.Two other tattoos pay tribute to Caraballo’s eldest daughter, Shalome: a pocket watch featuring the time of her birth and some black lettering on his chest that spells out the four-year-old’s name.“He’s just a normal kid … he likes tattoos – that’s it,” said Martin Rosenow, a Florida-based attorney who represents the Venezuelan asylum seeker – one of scores shipped to El Salvador by the Trump administration last weekend as part of his hard-line immigration crackdown.View image in fullscreenCaraballo’s fondness for body art may have been his undoing. For when the father of two was detained by US immigration officials in Dallas last month, they appear to have taken those tattoos as proof that he was a member of Venezuela’s most notorious gang, Tren de Aragua.An official Department of Homeland Security document issued in early February and reviewed by the Guardian states: “[The] subject [Caraballo] has been identified as a Member/Active of Tren de Aragua” although it does not explain how agents reached that conclusion. The same document notes that Caraballo – who it calls a “Deportable/Excludable Alien” – has several tattoos and no known criminal history “at this time”.Rosenow rejected the idea that the images inked on to his client’s skin indicated gang membership. “It’s specious – there’s no basis [for this conclusion],” he said. “Experts in Venezuela who study the gang have all stated that there are no tattoos that associate gang members. It’s not like the Central American MS-13 gang where tattoos are relevant in their organization.”“Tren de Agua has no [specific] tattoos,” Rosenow continued. “If you see pictures [of actual Tren de Aragua members arrested in the US], they’re shirtless and many of them don’t even have tattoos.“I’m nauseated by it all. I’m distressed for these individuals. I’m sad for what this means. As an American, for me it’s disgraceful that we would violate human rights so flagrantly on an international level.”Caraballo, who hails from the Venezuelan state of Bolívar and entered the US over its southern border in October 2023, is one of several Venezuelans whom immigration officials appear to have identified as gang members based on little more than their nationality and their tattoos.Daniel Alberto Lozano CamargoDaniel Alberto Lozano Camargo, a 20-year-old asylum seeker from Maracaibo in western Venezuela, lived in Houston, Texas where he washed cars for a living, advertising his services on Facebook.His partner, a US citizen called Leslie Aranda, said he was arrested last November after being contacted by a supposed client. She has not heard from him since last Friday, when Donald Trump invoked sweeping wartime powers called the Alien Enemies Act to deport people considered a threat, such as members of Tren de Aragua, which was last month designated a foreign terrorist organization.Like other Venezuelans now detained and at risk of deportation, Lozano has several tattoos, said Aranda, 25. He has the name of his partner’s daughter, Danessy, on one arm. A rose. The name of his niece, Eurimar, with a crown over the letter E. Praying hands on his neck. His father’s name, Adalberto, and his initials. Lozano also has the date of his anniversary with Aranda: 19 January 2023. Another tattoo reads “King of Myself.”“I know his father’s name is significant to him because he died when Daniel was young. And I also know he didn’t really like the rose tattoo because a friend who was practising did it. Daniel loves art and tattoos – that’s why he has them,” Aranda said.Lozano’s mother, Daniela, who is also in the US, said: “They violated his human rights – it’s an injustice. He doesn’t belong to any gang.”Neri José Alvarado BorgesThe sister of Neri José Alvarado Borges, another Venezuelan deported to El Salvador, said the 24-year-old also had tattoos that relatives suspect may have led to him being ​wrongly identified as a criminal.​One says “Family”, another says “Brothers” and a third, on his left thigh, features the name of his younger brother, Neryelson, who is autistic, and the rainbow-colored​ infinity symbol of the autism acceptance movement.“None of these tattoos has anything at all to do with the Tren de Aragua,” said his sister, Lisbengerth Montilla, 20. “But for them [immigration authorities] anyone with a tattoo is connected to Tren de Aragua.”Montilla said her brother was no gangster. In fact, he was a psychology​ student who had been forced to abandon his studies and migrate to the US nine months ago because of Venezuela’s economic collapse.After trekking through the perilous Darién Gap jungle and entering the US, Alvarado, who has no criminal history, built a life in Dallas where he worked in a bakery.“Many of us have come here because of the situation back in our country,” said Montilla, who also lives in the US. “There were times when we didn’t even have food to eat or have the money to buy anything. Many people fled because of the dictatorship in Venezuela, seeking a better future.​“Not all of those people [deported to El Salvador] are criminals – and not all Venezuelans are bad people. We are from a decent, hard-working and upstanding family. We’ve never had problems with anybody.”Luis Carlos José Marcano SilvaView image in fullscreenLuis Carlos José Marcano Silva, a 26-year-old barber from the Venezuelan island of Margarita, was detained at an immigration hearing in Miami last month. His tattoos also seemingly played a role in his detention and deportation to El Salvador.One, on Marcano’s belly, shows the face of Jesus of Nazareth. Another, on his arm, shows an infinity symbol while a third features the name of his daughter, Adelys. His chest is emblazoned with the image of a crown.“[At the hearing] all they kept telling him was that he belonged to the Tren de Aragua gang. When his wife contacted the lawyer, they said it was probably because of his tattoos,” said Marcano’s mother, Adelys del Valle Silva Ortega, denying that her son has any links to the crime group or even a criminal record.“I feel frustrated, desperate. I imagine they are not treating him well. I’ve already seen videos of that prison,” Silva said of the notorious Salvadoran “anti-terrorism” jail where her son is now thought to be incarcerated. “I think of him every moment, praying to the Virgin of the Valley [a Venezuelan patron saint] to protect him.”Jerce Reyes BarriosThe lawyer for a fifth Venezuelan man deported to El Salvador, a former professional footballer called Jerce Reyes Barrios, 36, has also claimed his tattoos played a role in sealing his fate.Reyes’s tattoos include one of a crown sitting atop a soccer ball with a rosary and the word “Dios” (God). In a sworn declaration, his California-based attorney, Linette Tobin, said the Department of Homeland Security had alleged this tattoo was proof of gang membership.“In reality, he chose this tattoo because it is similar to the logo for his favourite soccer team, Real Madrid,” Tobin said in her statement on Wednesday.Tobin rejected the idea that her client was a gang member and said he had fled Venezuela in early 2024 after being detained at an anti-government demonstration by security forces. Reyes was subsequently “taken to a clandestine building where he was tortured” with electric shocks and suffocation.Tobin said US immigration officials had reviewed her client’s social media posts and found one in which he made “a hand gesture that they allege is proof of gang membership”.“In fact, the gesture is a common one that means I Love You in sign language and is commonly used as a rock’n’roll symbol,” Tobin said.Francisco Javier García CasiqueSebastián García Casique, the brother of a sixth Venezuelan deported to El Salvador, said his sibling, Francisco Javier García Casique, also had tattoos, including of a rose, a compass and a phrase reading: “God chooses his toughest battles for his best warriors.”A fourth tattoo says: “Vivir el momento” (Live in the Moment). A fifth says in English: “Family”.In September 2021 García posted an Instagram video of a tattoo of a timepiece being inked on to his right arm by an artist in Peru, where he then lived. “My tattoo in tribute to my two grandmas who I love and miss a lot,” García wrote.Anyelo Sarabia GonzálezIn a sworn declaration, the sister of Anyelo Sarabia González, Solanyer Michell Sarabia González, said her 19-year-old brother had been detained by immigration agents at the start of this year in Dallas and that those agents had asked “about a tattoo that is visible on his hand” showing a rose with money as its petals.“He had that tattoo done … because he thought it looked cool,” González’s sister said, adding that she believed her brother had been sent to El Salvador “under the false pretence that he was a member of Tren de Aragua”.“The tattoo has no meaning or connection to any gang,” said González, 25. Two other tattoos on her brother’s body – of the phrases “strength and courage” and “I can do all things through Christ who strengthens me” – were also not gang-related, she said.Franco José Caraballo TiapaRosenow also saw no indication that his client – who he said had sought asylum on the basis of political persecution after taking part in opposition protests – was involved in the Venezuelan gang. He said Caraballo’s “cheesy” and romantic Instagram posts indicated he was not “a vicious gang member”.A Venezuelan criminal background check issued earlier this month indicates Caraballo has no criminal record there. Francisco Javier García Casique’s family has also published evidence that he had no criminal record back home.The White House has described the Venezuelans deported to El Salvador as “heinous monsters” and terrorists but has yet to release detailed information about their identities, let alone their alleged crimes.On Thursday afternoon CBS News published an internal government list of the 238 Venezuelan deportees, which included the names of all of the men in this story.On Monday, a senior official from immigration and customs enforcement, Robert Serna, admitted that “many” of those removed from the US under the Alien Enemy Act did not have criminal records in the US, but he nevertheless said they were Tren de Aragua members.The fact that those people did not have a criminal record “is because they have only been in the country for a short period of time”, Serna said. More