More stories

  • in

    5 Takeaways: Behind Trump’s Deal to Deport Migrants to El Salvador

    Internal documents and interviews with people familiar with the operation reveal how the White House seized on a wartime law to accelerate immigrant deportations.President Trump’s deportation in March of more than 200 alleged gang members from Venezuela to a maximum-security prison in El Salvador has emerged as a flashpoint in his administration’s use of wartime powers to expel immigrants.Lawyers for those deported say the March 15 operation circumvented due process and swept up those who are not gang members. The Supreme Court is now poised to weigh in on how the White House has sought to apply the Alien Enemies Act, which had previously only been invoked by presidents in time of war.A team of reporters from The New York Times reviewed court filings and government documents and interviewed government officials and lawyers for deportees and their relatives to reconstruct how the United States secured the deal with El Salvador and seized on the law to supercharge its deportation efforts.Here are five takeaways.El Salvador’s president pressed the U.S. for assurances that the deportees had gang ties.President Nayib Bukele of El Salvador has championed President Trump and his immigration agenda and publicly celebrated the arrival of the deportees from the United States. But behind the scenes, Mr. Bukele expressed concern about who the United States sent to be imprisoned in his new Terrorism Confinement Center, known as CECOT, according to according to people familiar with the situation and documents obtained by The New York Times.During the negotiations, Mr. Bukele told U.S. officials he would take only what he described as “convicted criminals” from other countries. He made it clear that he did not want migrants from other nations whose only crime was being in the United States illegally.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

  • in

    Trump Says He Could Free Abrego Garcia From El Salvador, but Won’t

    Trump’s comments undermined previous statements by his top aides and were a blunt sign of his administration’s intention to double down and defy the courts.President Trump, whose administration has insisted it could not bring Kilmar Armando Abrego Garcia back from El Salvador to the United States, said he does have the ability to help return the wrongly deported Maryland man, but is not willing to do so because he believes he is a gang member.“You could get him back, there’s a phone on this desk,” said Terry Moran, an ABC News correspondent, noting a Supreme Court order to “facilitate” the release of Mr. Abrego Garcia.“I could,” Mr. Trump replied.Mr. Moran said Mr. Trump could call Mr. Bukele and get Mr. Abrego Garcia back immediately.“And if he were the gentleman that you say he is, I would do that,” Mr. Trump said. “But he is not.” Mr. Trump added that government lawyers do not want to help bring Mr. Abrego Garcia back to the United States.Mr. Trump’s comments not only undermined previous statements by his top aides, but were a blunt sign of his administration’s intention to double down and defy the courts. Before the interview with ABC News, the administration had dug in on its refusal to heed the Supreme Court order to help return Mr. Abrego Garcia, who is a Salvadoran migrant. Trump officials have said that because he was now in a Salvadoran prison, it was up the Salvadoran government to release him.The Justice Department has argued that it can respond to the Supreme Court’s demand that the administration “facilitate” Mr. Abrego Garcia’s release by doing little more than letting him enter if he manages to present himself at a port of entry.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

  • in

    Denied, detained, deported: the people targeted in Trump’s immigration crackdown

    Donald Trump retook the White House vowing to stage “the largest deportation operation in American history”. As previewed, the administration set about further militarizing the US-Mexico border and targeting people requesting asylum and refugees while conducting raids and deportations in undocumented communities, detaining and deporting immigrants and spreading fear.Critics are outraged, if not surprised. But few expected the new legal chapter that unfolded next: a multipronged crackdown on certain people seen as opponents of the US president’s ideological agenda. This extraordinary assault has come in the context of wider attacks on higher education, the courts and the constitution.Here are some of the most high-profile individual cases that have captured the world’s attention so far because of their extreme and legally dubious nature, mostly involving documented people targeted by the Trump administration in the course of its swift and unlawful power grab.Students and academics hunted and ‘disappeared’In recent weeks, Immigration and Customs Enforcement (Ice) teams suddenly began arresting and detaining foreign-born students and academics on visas or green cards. In most cases the government has cited their roles in pro-Palestinian campus protests over Israel’s war in Gaza following the 7 October 2023 attack. Claims that they “support Hamas” are invoked as justification for wanting to deport them, even though they have not been charged with any crimes. Those taken include:Mahmoud KhalilA recent graduate student of Columbia University in New York, Mahmoud Khalil, 30, is a Palestinian green-card holder who was a leader during protests last year. He was arrested without due process in front of his pregnant wife and has been in a detention center in Louisiana since mid-March, denied release to attend the birth. He told an immigration judge that he and hundreds of other detainees were being denied rights the court itself had claimed to prioritize: “Due process and fundamental fairness.”View image in fullscreenThe government is using obscure immigration law to make extraordinary claims in cases like Khalil’s that it can summarily detain and deport people for constitutionally protected free speech if they are deemed adverse to US foreign policy. A far-right group has claimed credit for flagging his and others’ names for scrutiny by the authorities.Rümeysa ÖztürkView image in fullscreenUS immigration officials encircled and grabbed the Tufts University PhD student near Boston and bustled her into an unmarked car, shown in onlooker video. Öztürk, a Fulbright scholar and Turkish national on a visa, had co-written an op-ed in the student newspaper, criticizing Tufts’ response to Israel’s military assault on Gaza and Palestinians. She was rushed into detention in Louisiana in apparent defiance of a court order. Öztürk, 30, says she has been neglected and abused there in “unsafe and inhumane conditions”.Mohsen MahdawiView image in fullscreenMahdawi, a Palestinian green-card holder and student at Columbia University, was apprehended by Ice in Colchester, Vermont, on 14 April, as first reported by the Intercept.He was prominent in the protests at Columbia last year. During his apprehension he was put into an unmarked car outside a federal office where he was attending an interview to become a naturalized US citizen. The administration’s arcane justification is that his activism could “potentially undermine” the Middle East peace process, citing a provision of the Immigration and Nationality Act (INA). He is detained in Vermont. Democratic lawmakers have visited Khalil, Öztürk and Mahdawi but failed to secure their release.Yunseo ChungView image in fullscreenAnother Columbia student, Chung, 21, sued the administration for trying to deport her, and has gone into hiding. She is a pro-Palestinian campaigner and was arrested by the New York police in March while protesting, as first reported by the New York Times. She said a government official told her lawyer they wanted to remove her from the country and her residency status was being revoked. Chung was born in South Korea and has been in the US since she was seven.Alireza DoroudiView image in fullscreenThe Democrats on campus group at the University of Alabama said of the arrest of Doroudi, 32, an Iranian studying mechanical engineering: “Donald Trump, Tom Homan [Trump’s “border czar”], and Ice have struck a cold, vicious dagger through the heart of UA’s international community.”He was taken to the same Louisiana federal detention center as Khalil. The Department of Homeland Security (DHS) has said he was a threat to national security, without providing details, and the state department had revoked his visa, while an immigration judge refused to release him.Badar Khan SuriView image in fullscreenMore than 370 alumni of Washington DC-based Georgetown University joined 65 current students there in signing on to a letter opposing immigration authorities’ detention of Dr Badar Khan Suri, a senior postdoctoral fellow at the institution’s Alwaleed Bin Talal Center for Muslim-Christian Understanding (ACMCU).The authorities revoked his student visa, alleging the Indian citizen’s father-in-law was an adviser to Hamas officials more than a decade ago – and claiming he was “deportable” because of his posts on social media in support of Palestine. He was taken to Louisiana and then detention in Texas and was given court dates in May.View image in fullscreenKseniia PetrovaThe Harvard Medical School research scientist was stopped at Boston’s Logan airport by US authorities on her way back from France in February, over what appeared to be an irregularity in customs paperwork related to frog embryo samples. She was told her visa was being revoked and she was being deported to her native Russia.When Petrova, 30, said she feared political persecution there because she had criticized the invasion of Ukraine, she was taken away and also ended up in an overcrowded detention facility in Louisiana. Her colleagues say her expertise is “irreplaceable” and Petrova said foreign scientists like her “enrich” America.Student visas revoked, then restored amid chaosMore than 1,400 international students from at least 200 colleges across the US had their “legal status changed” by the state department, including the revoking of visas, in what the specialist publication Inside Higher Education called “an explosion of visa terminations”.Amid scant information and rising panic, the secretary of state, Marco Rubio, lambasted protesters and campus activists as “lunatics”. Some were cited for pro-Palestinian views, others concluded they must have been targeted because of minor crimes or offenses, such as a speeding ticket. Some could find no explanation. Then in the face of multiple court challenges, the administration in late April reversed course and restored legal statuses that had been rescinded en masse, but said it was developing a new policy. Uncertainty prevails.The legal rollercoaster came too late for this high-profile case:Felipe Zapata VelásquezView image in fullscreenThe family of the University of Florida student Felipe Zapata Velásquez, 27, said he was “undergoing a physical and emotional recovery process” in his native Colombia after police arrested him in Gainesville in March for traffic offenses and turned him over to Ice. He agreed to be deported, to avoid lengthy detention and legal battles. The Democratic congressman Maxwell Frost accused authorities of “kidnapping” Velásquez.Removed by (admitted) mistakeKilmar Ábrego GarcíaView image in fullscreenThe Salvadorian man was removed to El Salvador by mistake, which the Trump administration admitted. But it is essentially defying a US supreme court order to “facilitate” his return to his home and family in Maryland. Ábrego García was undocumented but had protected status against being deported to El Salvador. He was flown there anyway, without a hearing, to a brutal mega-prison, then later transferred to another facility. The administration accuses him of being a violent gangster and has abandoned him, infuriating a federal judge repeatedly and prompting warnings of a constitutional crisis.He has not been charged with any crimes but was swept up with hundreds of Venezuelans deported there. He has begged to speak to his wife, Jennifer Vasquez Sura, who insists he is not a criminal. The sheet metalworkers union chief, Michael Coleman, described Ábrego García as an “apprentice working hard to pursue the American dream” and said he was not a gang member. Trump said he was eyeing Salvadorian prisons for US citizens.Deported to a third country, without due processThe US deported more than 230 Venezuelan men to the mega-prison in El Salvador without so much as a hearing in mid-March despite an infuriated federal judge trying to halt the flights, then blocking others. Donald Trump took extraordinary action to avoid due process by invoking the 1798 Alien Enemies Act (AEA), a law meant only to be used in wartime, prompting court challenges led by the American Civil Liberties Union (ACLU). John Roberts, the US chief justice, rebuked the president when he threatened the judge. The justices, by a majority, did not stop Trump from using the AEA but the bench unanimously reaffirmed the right to due process and said individuals must be able to bring habeas corpus challenges.Most of the men are reportedly not violent criminals or members of violent gangs, as the Trump administration asserts, according to a New York Times investigation.Many appear to have been accused of being members of the transnational Venezuelan gang Tren de Aragua partly on the basis of their tattoos, with their families speaking out, including:Andry José Hernández RomeroView image in fullscreenHernández, a 31-year-old makeup artist and hairdresser, entered California last year to attend an asylum appointment, telling the authorities he was under threat in Venezuela as a gay man. But he was detained and accused of being in Tren de Aragua because of his tattoos, then suddenly deported under Trump, deemed a “security threat”.Jerce Reyes Barriosskip past newsletter promotionafter newsletter promotionThe former professional footballer, 36, has been accused of gang membership by the DHS, seemingly because of his tattoos, including one of a crown sitting atop a soccer ball with a rosary and the word “dios”.“He chose this tattoo because it is similar to the logo for his favourite soccer team, Real Madrid,” his lawyer, Linette Tobin, said, adding that her client fled Venezuela after protesting against the government and being tortured.Francisco Javier García CasiqueView image in fullscreenRelatives were shocked when they spotted Francisco Javier García Casique, 24, in a propaganda video from El Salvador showing scores of Venezuelan prisoners being frog-marched off planes and into custody there. He is a barber in his home town of Maracay and is completely innocent of gang involvement, the family said, adding that Francisco and his brother Sebastián have matching tattoos quoting the Bible.Migrants seeking asylum removed to PanamaA US military plane took off from California in February carrying more than 100 immigrants from countries as far flung as Afghanistan, Iran, Uzbekistan, China, Sri Lanka, Turkey and Pakistan, dumping them in Panama. They were shackled and deported to a third country without due process because their countries of origin refuse to accept them back from the US. Shocking scenes unfolded of the people locked in a hotel in Panama City, signaling and writing on the windows pleading for help.The people, including children, were then moved and held at a facility deep in the dense jungle that separates Panama from Colombia. They were later reportedly freed and were seeking asylum from other countries, their futures uncertain. One of those deported from the US was:Artemis GhasemzadehView image in fullscreenGhasemzadeh, 27, a migrant from Iran, wrote “Help us” in lipstick on a window of the hotel in Panama City, as a desperate way of alerting New York Times reporters on the street to her and fellow detainees’ plight. She had thought that, especially as a convert from Islam to Christianity who faces danger in Iran as a result, that she would be offered freedom in the US, she told the newspaper while still in custody. She is possibly still in Panama trying to get a foothold.Americans questioned and threatenedAmir MakledView image in fullscreenMakled, a Detroit-born attorney, was questioned at the airport on returning from vacation. He was flagged to a terrorism response team, kept behind and pressured to hand over his phone, then give up some of its contents. The Lebanese American represents a pro-Palestinian student protester who was arrested at the University of Michigan. Experts said the incident was evidence of a weakening of fourth amendment constitutional protections at the border against “unreasonable search and seizure”.Nicole MicheroniView image in fullscreenThis Massachusetts immigration lawyer, a US-born American citizen, spoke out after receiving an email from the Trump administration telling her “it is time for you to leave the United States”. She said it was “probably, hopefully, sent to me in error. But it’s a little concerning these are going out to US citizens.” She told NBC she thought it was a scare tactic.Adam PeñaThis San Diego-based US citizen now carries his American passport and birth certificate everywhere with him and thinks he was sent one of the “time for you to leave” letters in error but because he represents clients in Ice detention locally. “I do believe this email was sent intentionally to immigration advocates around the country to instill fear and intimidation,” he told NBC news.Americans removedChildren who are seven, four and two and are US citizens were removed from the US in late April when their mothers were deported to Honduras. DHS said the two women chose to take their children with them but one of their lawyers told the Guardian that they were denied any opportunity to coordinate the care and custody of their children before being put on deportation flights from Louisiana. A federal judge said it was “illegal and unconstitutional” to thus remove a US citizen “with no meaningful process”.Visitors detainedJasmine Mooney, CanadaView image in fullscreenCanadian Jasmine Mooney was shackled and ended up in Ice detention in the US for two weeks over an alleged work visa irregularity while on one of her frequent visits to California. She spoke out about the harsh conditions and the information black hole and how outraged she was that so many other detainees she met, who helped her, are stranded without access to the kind of resources that ultimately got her out.Rebecca Burke, UKView image in fullscreenThe British graphic artist was stopped at the border when she headed from Seattle to Canada as a backpacker and, because of a visa mix-up, she became one of 32,809 people to be arrested by Ice during the first 50 days of Trump’s presidency. Almost three weeks of grueling detention conditions later, she smuggled out her poignant drawings of fellow detainees when she was released.Jessica Brösche, GermanyThe German tourist and tattoo artist, 29, from Berlin was detained by US immigration authorities and deported back to Germany after spending more than six weeks in US detention, including what she described as eight days in solitary confinement. Her family compared her ordeal to “a horror film”.Fabian Schmidt, GermanyView image in fullscreenThe 34-year-old German national and US green-card holder was apprehended and allegedly “violently interrogated” by US border officials as he was returning to New Hampshire from a trip to Luxembourg. His family said he was held for hours at Boston’s Logan airport, stripped naked and put in a cold shower, then later deprived of food and medicine, and collapsed. His case is being investigated and as of mid-April he was in Ice detention in Rhode Island.Sent back‘Jonathan’A man with a US work visa provided his anonymous account to the Guardian of being denied entry into the US after a trip to his native Australia to scatter his sister’s ashes. He was pulled aside on arrival in Houston, Texas, and accused, variously, of selling drugs and having improper paperwork. After being detained for over a day he was put on a flight back to Australia even though he has worked on the US east coast for five years, where he lived with his girlfriend.Denied entry – for criticizing Trump?Alvin Gibbs, Marc Carrey and Stefan Häublein of band UK SubsView image in fullscreenMembers of the punk rock band UK Subs said they were denied entry and detained in the US on their way to play a gig in Los Angeles, after being questioned about visas. Bassist Alvin Gibbs said: “I can’t help but wonder whether my frequent, and less than flattering, public comments regarding their president [Trump] and his administration played a role.” He and the two band mates were kept in harsh conditions for 24 hours then deported back to the UK.French scientistA French scientist, who has not been publicly named, was denied entry to the US after immigration officers at an airport searched his phone and found messages in which he had expressed criticism of the Trump administration, according to a French government minister. The researcher was on his way to a conference in Texas.“Freedom of opinion, free research, and academic freedom are values ​​that we will continue to proudly uphold,” Philippe Baptiste, France’s minister of higher education and research, told Le Monde. More

  • in

    ‘They disappear them’: families of the detained see grim echo of Latin American dictatorships in Trump’s US

    Neiyerver Rengel’s captors came one sunny spring morning, lurking outside the apartment he shared with his girlfriend and pouncing as soon as he emerged.The three government agents announced the young Venezuelan man had “charges to answer” and was being detained.“Everything’s going to be OK,” the man’s girlfriend, Richely Alejandra Uzcátegui Gutiérrez, remembers the handcuffed 27-year-old reassuring her as she gave him one last hug.Then Rengel was put in a vehicle and vanished into thin air: spirited into custody and, his family would later learn, dispatched to a detention centre notorious for torture and inhuman conditions hundreds of miles from home.“We have to take him,” Uzcátegui recalls one officer saying before they left. “But if this is a misunderstanding, he’ll be released and given a phone call to contact you.”That call never came.View image in fullscreenThe scenes above might have played out in any number of Latin American dictatorships during the 20th century, from Gen Augusto Pinochet’s Chile to Gen Jorge Rafael Videla’s Argentina. Thousands of regime opponents were seized at home or on the street – and slipped off the map, becoming “desaparecidos” (the disappeared ones).But Rengel’s disappearance took place on 13 March this year in Donald Trump’s US, where what campaigners call the “forced disappearance” of scores of Venezuelan migrants has fuelled fears of an authoritarian tack under a leader who vowed to be a dictator “on day one” of his presidency. Those fears intensified on Friday amid reports that a judge had been arrested by the FBI for supposedly helping “an illegal alien” evade arrest.Juanita Goebertus, Human Rights Watch’s Americas director, said she had no hesitation in calling the detentions of those Venezuelans enforced disappearances. “Under international law, when someone is detained and there’s no account of where the person is, it amounts to enforced disappearances – and this is exactly what has happened,” she said.View image in fullscreenFor five weeks after Rengel’s detention in Irving, Texas, relatives remained in the dark over his whereabouts. His brother, Nedizon León Rengel, said he spent hours calling immigration detention centres but failed to get clear answers. “They told us he’d been deported but wouldn’t say where,” recalled Nedizon, who migrated to the US with his brother in 2023.Finally, on 23 April, came the bombshell: a report on NBC News said Rengel was one of at least 252 Venezuelans who had been flown to authoritarian El Salvador and jailed for supposedly belonging to the Tren de Aragua (TdA), a Venezuelan gang that Trump’s administration has designated a foreign terrorist organisation.“Finding out through the news was devastating. But the worst part was having to tell my mum,” said Nedizon. “Before I came here, the US represented a land of opportunity – a place to fulfil dreams and improve our quality of life … Now it feels like a nightmare. Human rights aren’t even being respected any more – not even the right to make a phone call, which is guaranteed to anyone who is detained.”Rengel was not the only Venezuelan to disappear after being ensnared in Trump’s crackdown on immigrants he has repeatedly smeared as rapists, murderers and terrorists who have supposedly launched an “invasion” of the US.Ricardo Prada Vásquez, 33, was apprehended in Detroit in mid-January, days after sending his brother a video showing the Chicago snow – a magical moment for a man raised on Margarita, a sun-kissed Caribbean island, who had never seen a northern winter.On 15 March, Prada told a friend he was being deported to Venezuela – but he never arrived. Nor was Prada’s name on a list published five days later by CBS News identifying 238 Venezuelans deported to El Salvador’s “terrorism confinement” prison. (Rengel was also not on the list. US and Salvadoran authorities have refused to publish a register of the prisoners’ names.)For the next five weeks, Prada’s relatives – who deny he is a criminal – also had no idea where he was.View image in fullscreen“It’s mentally exhausting to be constantly thinking about how he is and what he’s going through,” his brother, Hugo Prada, said from Venezuela. Only last Tuesday, after Prada’s story was featured in the New York Times, authorities did confirm where he had been sent.“This TDA gang member didn’t ‘disappear’. He is in El Salvador,” Tricia McLaughlin, a Department of Homeland Security (DHS) assistant secretary, wrote on X, claiming Prada had been “designated a public safety threat”.Prada defended his brother, a former shoe salesman he described as a laid-back, hard-working quipster who migrated to the US last year hoping to provide a better future for his four-year-old son, Alexandro, who still lives on Margarita. “Dammit, he went [to the US] in search of a better life and what he got was this disaster,” said Prada, insisting his sibling was innocent.Before Prada’s detention, he held near-daily video calls with his child. In recent days, Alexandro has repeatedly asked relatives why he can no longer speak with his father. “They say he’s working,” said Hugo, voicing shock that people could vanish into custody in the US.“It’s unbelievable that they just grabbed them and sent them to a concentration camp for them to die, just like Hitler did with the Jews,” Prada added. “[The US is] a democratic country – and it’s as if we’ve gone 50 or 100 years back in time.”View image in fullscreenNelson Suárez, the brother of a third Venezuelan jailed in El Salvador, said the treatment of the detainees – some of whom have been paraded on television with shaved heads and in shackles – reminded him of how the Venezuelan dictator Nicolás Maduro dealt with his foes. “[They are doing] the same thing they do in Venezuela when they capture a political prisoner. They lock them up and disappear them – and nobody hears anything more from them until the government feels like it,” said Suárez, whose brother, Arturo Suárez, is a musician with no criminal background.The wave of detentions and disappearances has devastated the US’s Venezuelan community, which has swelled in recent years as a result of the South American country’s economic collapse.“The community lives in uncertainty and in terror,” said Adelys Ferro, who runs the Venezuelan American Caucus advocacy group. “People are petrified. They are thinking: ‘What if I am next? What if they stop me? What is going to happen?’“Even people with documents are terrified. Even people with green cards are terrified,” added Ferro, a Venezuelan-American who has lived in the US for 20 years. “This is something that shouldn’t be happening anywhere in the world, much less – for Christ’s sake – in America.”Six weeks after federal agents seized her hairdresser boyfriend outside their home in Irving, Texas, Uzcátegui said she was still not convinced she knew the full truth about his plight, despite the DHS admitting last Tuesday that he had also been sent to El Salvador.View image in fullscreenWithout offering evidence, McLaughlin told NBC News Rengel was “an associate of Tren de Aragua … a vicious gang that rapes, maims, and murders for sport” – a claim relatives reject. Rengel’s only run-in with the law appears to have been being last year fined $492 after he was stopped in a co-worker’s car in which police found a marijuana trimmer.“To me, he’s still missing. This doesn’t give me peace of mind,” Uzcátegui said of the government’s admission. “Because there’s no record, no photo, no phone call. I insist – he’s still missing.”Even families who now know their loved ones were sent to El Salvador do not know how they are, in which prison they are being held, what charges, if any, they face, or how long they may be held there.“On one hand I feel a little bit calmer knowing that he’s somewhere and he’s not dead. But what situation awaits us? What comes next?” wondered Hugo Prada, who had no idea what charges his brother was facing or how long a sentence he could face.Ferro vowed to continue denouncing the “nightmare” such families were facing. “It is exhausting, and so painful and disheartening. But that pain is not going to make us cease fighting for justice, that’s for sure,” she said.Speaking from her home in Venezuela, Rengel’s 50-year-old mother, Sandra Luz Rengel, recalled begging him “from the bottom of my heart” not to travel to the US. But he was unmoved – and now he was lost.“Not knowing anything about him is outrageous,” she said. “And there’s nothing I can do.” More

  • in

    Trump disdains conservatism. His governing philosophy is absolute power | Sidney Blumenthal

    Donald Trump issued his declaration of war against his “enemies within” at the Department of Justice on 14 March. Thus the president launched a constitutional crisis that encompasses not just a group of migrants snatched without due process and transported against federal court orders to a foreign prison, but a wholesale assault on virtually every major institution of American society.“We will expel the rogue actors and corrupt forces from our government. We will expose, and very much expose, their egregious crimes and severe misconduct,” he pledged. “It’s going to be legendary.”Trump’s speech condensed his mission to its despotic essence. While he distilled his contempt, Trump also marked his disdain for the traditional conservatism of limited government, respect for the law and liberty. He defined his project, built on his executive orders as substitutes for the law, to crown himself with unrestrained powers to intimidate, threaten and even kidnap. His political philosophy is a ruthless quest for absolute power.Trump hailed his appointees for being “so tough” – the enthusiastically compliant attorney general, Pam Bondi, and the irrepressible flunky FBI director, Kash Patel. He attacked lawyers whose firms he would issue executive orders against to eviscerate their work – “really, really bad people”. He claimed Joe Biden and the former attorney general Merrick Garland “tried to turn America into a corrupt communist and third-world country”. And he described “people that come into our country” as “stone-cold killers. These are killers like – they make our killers look nice by comparison. They make our killers look nice. These are rough, tough people with the tattoos all over their face.” Trump’s accusations are invariably projections of his own malice that he manufactures into politically pliable paranoia.No staff attorneys within the department were invited to the speech, as people at the justice department told me. The senior lawyers from the Public Integrity Section had already resigned when Trump attempted to coerce them to participate in dropping the prosecution of New York City’s mayor, Eric Adams, for corruption in exchange for his support of Trump’s coming roundup and deportation of migrants. After Trump, a convicted felon, concluded by comparing himself to Al Capone, the mafia boss convicted of tax evasion – “the great Alphonse Capone, legendary Scarface, was attacked only a tiny fraction of what Trump was attacked” – Trump’s theme song from his political rallies, YMCA, blared out of the loudspeakers in the department auditorium.The next day, Trump announced his executive order citing the Alien Enemies Act of 1789, a wartime measure, to incarcerate members of the Tren de Aragua gang he asserted were coordinating with the Maduro government of Venezuela to commit “brutal crimes, including murders, kidnappings, extortions, and human, drug, and weapons trafficking”. (On 20 March, the New York Times reported: “The intelligence community assessment concluded that the gang, Tren de Aragua, was not directed by Venezuela’s government or committing crimes in the United States on its orders, according to the officials, speaking on the condition of anonymity.”)The 238 men abducted were taken without any due process to a maximum-security prison operated by the Salvadorian strongman Nayib Bukele, who calls himself “the coolest dictator” and whose government is being paid at least $6m in an arrangement with the Trump administration.In a hearing on 24 March before the US court of appeals for the DC circuit, Judge Patricia Millett, criticizing the absence of due process, said: “Nazis got better treatment under the Alien Enemies Act.” She asked the deputy assistant attorney general, Drew Ensign, arguing the administration’s case: “What’s factually wrong about what I said?”“Well, your Honor, we certainly dispute the Nazi analogy,” he replied.Trump’s assertion of emergency power under the Alien Enemies Act is more than a bit analogous to the ideas of Carl Schmitt, the chief legal scholar and apologist of the Nazi regime, “crown jurist of the Third Reich”. The falsity, according to the intelligence community, of Trump’s claim about the men underlines the analogy of Trump’s argument to Schmitt’s. “Authority, not truth, produces law,” Schmitt wrote. “Sovereign is he who decides on invocation of the state of emergency.” And then: “Der Ausnahmefall offenbart das Wesen der staatlichen Autorität am klarsten” – “The State of Emergency reveals most clearly the essence of the authority of the state … The exception is thus far more important that the ordinary rule. The normal state of affairs shows nothing; the emergency shows everything; it confirms not only the rule, rather the rule derives strictly from the emergency.”The ACLU filed a lawsuit on 15 March before Chief Judge James Boasberg of the US district court of the District of Columbia to halt the flight to El Salvador. The judge issued an order for the planes to return to the US, but the Trump administration defied it.Trump’s defiance has set in motion a flurry of legal challenges and court cases heard in district courts and circuit courts of appeals, as well as the supreme court. On 7 April, the court ruled that the detainees had the right to due process, which they were denied. On 11 April, the justices unanimously ordered the administration to facilitate the return of one wrongly taken individual, Kilmar Ábrego García, a legal resident of Maryland who was identified by his family and had no criminal record. On 19 April, the court temporarily blocked a new round of deportations under the Alien Enemies Act.CBS’s 60 Minutes reported: “We could not find criminal records for 75% of the Venezuelans.” Bloomberg News reported that about 90% had no criminal records.On 14 April, Trump welcomed Bukele to the White House. Trump has turned the Oval Office into his small stage with cabinet secretaries and staff seated on the couches as his chorus. Bukele was dressed in black casual wear, but not admonished, as Ukraine’s Volodymyr Zelenskyy was admonished, for supposedly showing disrespect to Trump by not appearing in a suit and tie.Trump and Bukele played the scene as a buddy movie, kidding each other, but not kidding, about repression. “Mr President,” said Bukele, “you have 350 million people to liberate. But to liberate 350 million people, you have to imprison some. That’s the way it works, right?”“The homegrowns are next, the homegrowns,” said Trump. “You’ve got to build about five more places.”“Yeah, we got the space,” Bukele said.When the question of Ábrego García was raised by a reporter, Bondi said: “That’s not up to us,” and that it was “up to El Salvador”.“Well, I’m supposed – you’re not suggesting that I smuggle a terrorist in the United States, right?” Bukele replied. Trump reassured him: “It’s only CNN.” Bukele called the question “preposterous”.“Well, they’d love to have a criminal released into our country,” said Trump. “These are sick people. Marco, do you have something to say about that?” It was another test of the secretary of state’s sycophancy. Marco Rubio rose to the occasion. “No court in the United States has a right to conduct a foreign policy of the United States,” he said. “It’s that simple. End of story.”Standing behind Rubio, Trump’s most influential aide and the architect of his immigration policy, Stephen Miller, chimed in: “To Marco’s point, the supreme court said exactly what Marco said. That no court has the authority to compel the foreign policy function in the United States. We won a case 9-0. And people like CNN are portraying it as a loss, as usual, because they want foreign terrorists in the country who kidnap women and children.”A reporter attempted to point out that the court had in fact ruled it was illegal to deprive the captives of due process. “Well, it’s illegal to, so I just wanted some clarity on it,” he asked. Trump jumped in: “And that’s why nobody watches you anymore. You have no credibility.”On 17 April, the day the supreme court ruled on Ábrego García, Trump said: “I’m not involved in it,” though he had signed the executive order that authorized his kidnapping. Trump was reverting to the tactic of denial, however patently ludicrous, that he had been schooled in originally by Roy Cohn, the Republican power broker and mafia lawyer who had been his private attorney. The Trump administration continues to claim it has no control over the captives in the Salvadorian prison and they cannot be returned.Trump’s disavowal of responsibility made the visit to the prison by the homeland security secretary, Kristi Noem, to tape a video on 26 March problematic on several levels. If Trump has no control, then how was Noem allowed the run of the place? If the prisoners were combatants under the Alien Enemies Act, then their status made her appearance a violation of the Geneva convention’s Article 1 that outlaws “outrages upon personal dignity, in particular, humiliating and degrading treatment”, and Article 13 that prohibits “acts of violence or intimidation” and “insults and public curiosity” – that is, using prisoners for propaganda purposes.If Schmitt’s argument is not Trump’s argument, the difference has certainly not confused the judges handling the cases. Boasberg ruled that the Trump administration had acted with “willful disregard” for his order and, while contempt proceedings were paused, threatened to appoint a special prosecutor if the Department of Justice declined to do so.The Maryland federal judge Paula Xinis, who ordered the administration to return Ábrego García, said on 15 April she had seen no evidence of progress. She ruled on 22 April that such stonewalling “reflects a willful and bad faith refusal to comply with discovery obligations … That ends now.”She also stated: “Defendants must supplement their answer to include all individuals involved as requested in this interrogatory.” That discovery process might range into stranger precincts of Maga depths than imagined. The New Yorker reported on “a Maga salon” at a tech billionaire’s Washington residence to which a Republican lobbyist, Andrew Beck, brought Trace Meyer, self-described as the “Babe Ruth of bitcoin”, where they discussed with state department staffers the “work-in-progress plan” for abducting migrants to El Salvador. The officials had reached “an impasse in the negotiations. Meyer, through his crypto connections, was able to help reopen the conversation.” Add to the discovery list: Beck, Meyer and the state department officials.In denying the Trump administration’s motion for a halt in the Xinis ruling, Judge J Harvie Wilkinson III, of the court of appeals for the fourth circuit, issued a thunderous opinion on 17 April, marking a historic break between principled conservatism and Trump’s regime. Wilkinson is an eminent conservative figure within the judiciary, of an old Virginia family, a clerk to Justice Lewis Powell, and a Ronald Reagan appointee revered in the Federalist Society.“The government,” Wilkinson wrote, “is asserting a right to stash away residents of this country in foreign prisons without the semblance of due process that is the foundation of our constitutional order. Further, it claims in essence that because it has rid itself of custody that there is nothing that can be done. This should be shocking not only to judges, but to the intuitive sense of liberty that Americans far removed from courthouses still hold dear.”Wilkinson concluded with a siren call about Trump’s threat. “If today the Executive claims the right to deport without due process and in disregard of court orders, what assurance will there be tomorrow that it will not deport American citizens and then disclaim responsibility to bring them home? And what assurance shall there be that the Executive will not train its broad discretionary powers upon its political enemies? The threat, even if not the actuality, would always be present, and the Executive’s obligation to ‘take Care that the Laws be faithfully executed’ would lose its meaning.”Wilkinson has defined the stark conflict headed toward an unstoppable collision. Against Trump’s appropriation of Schmitt’s authoritarian logic, the conservative jurist has thrown down the gauntlet of American constitutional law. Trump’s disdain for that sort of conservatism moves the cases again and again toward the conservative majority of the supreme court, which must decide its allegiance, either like Wilkinson, to the constitution, or instead to Trump’s untrammeled power that would reduce the court itself to a cipher.

    This article was amended on 27 April 2025; an earlier version stated that JD Vance admonished Volodymyr Zelenskyy for not wearing a suit to meet Donald Trump. In fact, it was Brian Glenn, a correspondent for Real America’s Voice.

    Sidney Blumenthal, a former senior adviser to President Bill Clinton and Hillary Clinton, has published three books of a projected five-volume political life of Abraham Lincoln: A Self-Made Man, Wrestling With His Angel and All the Powers of Earth More

  • in

    Want to beat authoritarianism? Look to Latin America | Greg Grandin

    Inspiration on how to beat back authoritarianism is in short supply, but those searching for hope in these dark times might consider Latin America.It’s not the first place that comes to mind when thinking about democracy, associated as it is with coups, death squads, dictatorships, inequality, drug violence and now a country, El Salvador, offering itself up to Donald Trump as an offshore prison colony for deportees.It is a bleak place in many ways, especially for the jobless and the poor who flee their home countries in search of a better life somewhere else, often in the United States. The bleakness, though, only highlights the paradox: for all its maladies, for all its rightwing dictators and leftwing caudillos, for all its failings when it comes to democratic institutions, the region’s democratic spirit is surprisingly vital.Other areas of the world emerged broken from the cold war, roiled by resource conflicts, religious fundamentalism and ethnic hatreds. Think of the bloody Balkans of the 1990s or 1994’s Rwandan genocide.Not Latin America, where, by the time the Berlin Wall fell in 1989, most of its anti-communist dictatorships had given way to constitutional rule. With the jackboot off their necks, reformers went on the offensive, seeking to redeem not just democracy but social democracy.Today, in the United States at least, the concept of democracy is generally defined minimally, as comprising regularly held elections, a commitment to due process to protect individual rights, and institutional stability. But earlier, in the middle of the last century, a more robust vision that included economic rights prevailed – that indeed the second world war was fought not just against fascism but for social democracy. “Necessitous men are not free men,” Franklin Delano Roosevelt liked to say. Reporting from Europe in late 1945, William Shirer described a groundswell demand for social democracy, in an article headlined: Germany is finished, communists distrusted, majority wants socialism.Latin America joined in the demand, and by 1945 nearly every country understood citizenship as entailing both individual and social rights. Latin Americans broadened classical liberalism’s “right to life” to mean a right to a healthy life, which obligated the state to provide healthcare. “Democracy, political as well as social and economic,” wrote Hernán Santa Cruz, a childhood friend of Salvador Allende and a Chilean UN delegate who helped Eleanor Roosevelt draft the Universal Declaration of Human Rights, “comprises, in my mind, an indivisible whole”.That whole was shattered to pieces by the death-squad terror of the cold war, much of it patronized by Washington, followed by the free-market neoliberal economics pushed on Latin America during that war.Yet once the repression abated and citizens were free to vote their preference, they began to elect social democrats as presidents, men and women who represented a variety of historical social movements: feminists, trade unionists, peasant organizers, Indigenous rights campaigners, heterodox economists, environmentalists and liberation theologians. Today, a large majority of Latin Americans live in countries governed by the center left. Despite the best efforts of Friedrich von Hayek and his libertarian followers in the region to convince them otherwise, most Latin Americans do not believe that welfare turns citizens into serfs.Pankaj Mishra, in his survey of the horrors inflicted on Palestinians, has written about the “profound rupture” in the “moral history of the world” since 1945. No region has done more to heal that rupture than Latin America.And no region has had as much experience beating back fascists, long after the second world war had ended, than Latin America. Rightwing authoritarians, gripped by the same obsessions that move Trump supporters in the United States, have some momentum, though they haven’t been able to escalate occasional electoral victories, including in Argentina and Ecuador, into a full-on continental kulturkampf.Center-left democrats hold the right at bay by putting forth an expansive social-democratic agenda, one flexible enough to include demands for sexual and racial equality. As the US rolls back abortion rights, momentum in Latin America moves in the other direction – Argentina, Mexico and Colombia either decriminalizing or legalizing abortion. Gay marriage and same-sex civil unions have been recognized in 11 countries.Spasms of ethnonationalist rage gripped much of the world the 1990s – Indonesia’s 1998 anti-Chinese rampage, for example. In contrast, Indigenous peoples in countries including Bolivia, Ecuador, Chile and Guatemala burst into politics as the best bearers of the social democratic tradition, adding environmentalism and cultural rights to the standard menu of economic demands. Today, many countries have retreated behind an aggrieved nationalism. For the most part, Latin Americans have not. Their reaction to the depredations of corporate globalization is rarely expressed in xenophobic, antisemitic or conspiratorial tropes, as a struggle against “globalists”. Nationalism in Latin America has long been understood as a gateway to universalism.Frontline activists stand unbowed before police batons and paramilitary guns. In 2022, Latin America clocked the world’s highest murder rate of environmental activists. Unionists, students, journalists, and women’s and peasant rights activists are assassinated at a regular clip. Yet organizing continues. In Brazil during the four-year presidency of the Trump-like Jair Bolsonaro (2019-2023), the Landless Workers’ Movement, already the largest social movement in the world, grew even larger.When it comes to interstate relations, Latin America is one of the most peaceful regions. There is no nuclear competition, thanks to one of the most successful arms control treaties in history, the 1967 Treaty for the Prohibition of Nuclear Weapons.In 1945, Latin American diplomats drew on their long history in opposing Washington’s interventionism to play a key role in founding the liberal multilateral order, the global system of governance now upended by Trump. Most importantly, the region’s leaders insisted that nations should be organized around the premise of cooperation, not competition, that diplomacy should be used to settle differences, and that war should be a last resort. Their post-cold war counterparts have loudly defended these principles, first against George W Bush during the war on terror, and more recently against Joe Biden and Trump, insisting that the art of diplomacy must be relearned. “Brazil has no enemies,” the country’s defense minister once said, notable considering that the Pentagon has marked out the entire globe as a battlefield.Brazil’s Luiz Inácio Lula da Silva and Colombia’s Gustavo Petro, among others, have criticized the return to power politics and balance-of-power diplomacy. If the past teaches anything, they say, it is that opening a belligerent multi-front balance of power – with the United States pushing against China, pushing against Russia, with all countries, everywhere, angling for dominance – will lead to more confrontation, more war. As with the United States’s shapeshifting, amorphous domestic culture war, there is no clear endgame to this new era of militarized economic competition, of war by proxy and privateer, which only increases the odds of conflict spinning out of control.One need not romanticize Latin America. To recognize the strength of the social democratic ideal in Latin America does not require one to celebrate all those who call themselves socialists, in Nicaragua and Venezuela, for example. And even those we might celebrate, such as Mexico’s Claudia Sheinbaum or Chile’s Gabriel Boric, preside over states loaded with significant amount of repressive power, often directed at some of their country’s most vulnerable, such as Mapuche activists in southern Chile.skip past newsletter promotionafter newsletter promotionBut there is no other region of the world that so persistently continues to insist on taking the Enlightenment at its word, whose leftwing politicians and social movements win by advancing a program of universal humanism. Trump has transformed the United States government into a predator-state, a tormenter of citizens and non-citizens alike. Latin American social democrats – Lula in Brazil and Mexico’s Sheinbaum, Uruguay’s Yamandú Orsi, and Petro in Colombia, among others – do what they can to use state power to fulfill an obligation: the ideal that all people should live in dignity.The forcefulness in which Latin American leaders such as Lula and Sheinbaum defend social rights contrasts with the timidity of the Democratic party. Biden did pass legislation suggesting it was breaking with the old neoliberal order. But Biden’s team couldn’t find its voice, unable to link a reinvestment in national industry with a renewed commitment to social citizenship. Democrats are shrill in denouncing Trump’s extremism even as they are timid in offering an alternative.Confronted with a existential crisis that people feel in their bones, the Democratic party puts forth weak-tea fixes in an enervating technocratic jargon, its counselors saying the lesson of Kamala Harris’s loss is that the party has to think even smaller, has to shake off its activist constituencies and move to the center.A recent op-ed in the New York Times urged Democrats to lay out their own Project 2029, to counter the conservative thinktank Heritage Foundation’s influential Project 2025. What did the author of the op-ed believe should be in this new project? A call for national healthcare? No. Affordable housing? No. Paid vacations, universal childcare or an increase in the minimum wage? None of that. He suggested that the Democrats promise to streamline regulations and improve “the quality” of “customer-service interactions”.Woodrow Wilson imagined a world without war. FDR imagined a world without fear or want. Today’s would-be governing liberals in the United States imagine nothing. They treat the promise of a humane future – or of any future at all – like a weight from the past, hard to bear, easy to toss aside.Democrats in the United States can’t simply mimic social democrats in Latin America; they operate in vastly different political contexts. But Latin America is a useful mirror, reflecting the considerable distance Democrats in the US have drifted from New Deal values. They might want to read Roosevelt’s Faith of the Americas speech, where he said that the best way to defuse extremism was to use government action to ensure “a more abundant life to the peoples of the whole world”.Latin America social democrats today – and not the Democratic party in the United States – are the true heirs of FDR’s vision. They know that if democracy is to be something more than a heraldic device, it must confront entrenched power. Latin American reformers know that the way to beat today’s new fascists is the same as it was in the 1930s and 1940s: by welding liberalism to a forceful agenda of social rights, by promising, in a voice simple, clear and sure, to improve the material conditions of people’s lives.“People have to have hope again,” as Lula put it in his most recent successful run for re-election, “and a full belly, with morning coffee and lunch and dinner”.What’s giving me hope nowWhat gives me hope is that in a place like Latin America, where the forces of reaction are so fierce, social movements led by feminists, peasants, first peoples, and gay and trans activists continue to fight back against fierce repression with enormous courage. Political theorists like to measure “democracy” according to institutional stability and free elections, and by that standard, many places in Latin America come up short. But if we measure democracy by courage, by a tenacity to continue to fight for universal, humane values, for a more sustainable, more equal, more human world, then Latin America carries forward the democratic ideal.

    Greg Grandin, the C Vann Woodward professor of history at Yale, is the author of the recently published, America, América: A New History of the New World, from which parts of this essay were based. More

  • in

    Texas Judge Unseals ICE Document Detailing Deportation Notices: an English Form and at Least 12 Hours

    A declaration by an ICE official says an English-language form was “read and explained” to the detainees and that they had “no less than 12 hours” to express the intent to challenge their deportations. On April 7, the Supreme Court ruled that the government must give Venezuelan migrants notice “within a reasonable time” and the chance to legally challenge their removal before being deported to a maximum-security prison in El Salvador. Exactly how much notice the Trump administration considered appropriate in response to the Supreme Court’s edict was revealed in a document unsealed during a hearing on Thursday in Federal District Court in Brownsville, Texas.Before Saturday, when the Supreme Court issued a second order, which blocked the deportation of a group of Venezuelan migrants under the Alien Enemies Act of 1798, detainees slated for deportation were given a one-page form that stated “if you desire to make a phone call, you will be permitted to do so,” according to the unsealed document, a four-page declaration by an official from Immigration and Customs Enforcement. They then had “no less than 12 hours” to “express an intent” to challenge their detention, and another 24 hours to file a habeas corpus petition asking for a hearing before a judge, the declaration said. The form itself is written in English, but “it is read and explained to each alien in a language that alien understands.” The hearing was part of a case whose plaintiffs are three Venezuelan men being held at El Valle Detention Facility, roughly 50 miles from Brownsville.Lawyers for detainees held elsewhere, who have sued in the Northern District of Texas, have disputed the government’s claims about being given notice. They also have said that the form was not explained to detainees and that they were simply told to sign the document, which the ICE declaration identified as Form AEA-21B.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

  • in

    After Meeting Wrongly Deported Man, Van Hollen Accuses Trump of Defying Courts

    Senator Chris Van Hollen on Sunday accused the Trump administration of “outright defying” court orders to return a wrongly deported Maryland man whom Mr. Van Hollen met with in El Salvador last week, and he urged the administration to stop releasing unfavorable records about the man.“They are flouting the courts as we speak,” he said on NBC’s “Meet the Press.” “Facilitating his return means something more than doing nothing, and they are doing nothing.”Mr. Van Hollen, a Maryland Democrat, traveled to El Salvador last week to press for the release of the man, Kilmar Armando Abrego Garcia, who was deported to a notorious Salvadoran prison in March in what an administration lawyer described as an “administrative error.”A federal appeals court on Thursday ordered the Trump administration to take a more active role in bringing back Mr. Abrego Garcia, a few days after the Supreme Court ruled that the government should “facilitate” his return from El Salvador.Instead, the White House has publicized an allegation of domestic abuse from Mr. Abrego Garcia’s wife from 2021, when she sought a protective order. Mr. Abrego Garcia’s wife said last week that the two “were able to work through this situation privately.”The administration also cited a police filing from a Tennessee trooper who stopped Mr. Abrego Garcia on a highway in 2022 and raised suspicion of human trafficking. Federal law enforcement officials instructed the trooper not to detain him, and Mr. Abrego Garcia’s wife has said he routinely drove workers to their jobs.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