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

    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

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    What to know about the El Salvador mega-prison where Trump sent deported Venezuelans

    The US has sent hundreds of mostly Venezuelan migrants to El Salvador to be held without trial in a controversial mega-prison known for its harsh conditions. The facility has drawn praise from hardline law-and-order politicians at home and abroad and ire from human rights organizations.Here’s what we know about the mega-prison called Cecot, an acronym for Terrorism Confinement Centre in Spanish.What is the Cecot prison?In February 2023, El Salvador opened what it claims is Latin America’s biggest prison with capacity for 40,000 inmates. The 23-hectare prison is isolated in a rural region 70 km east of capital San Salvador.Bukele in November said the prison cost $115m to develop and equip.This prison is part of Bukele’s highly popular hardline security policy which has resulted in a sharp drop in homicides.Calling himself the world’s “coolest dictator,” Bukele, 43, declared a state of emergency in March 2022 that remains in effect and has entailed the arrest of more than 84,000 people.This includes alleged members of El Salvador’s Mara Salvatrucha gan, also known as MS-13, and its rival, Barrio 18.Government reports put the prison population at 14,500 inmates in August 2024, but a government spokesperson said in March 2025 that the statistic was outdated. A current figure was not disclosed security reasons, the spokesperson said.View image in fullscreenWhy are migrants held at the prison?During a visit from the US secretary of state, Marco Rubio, in February, Salvadoran President Nayib Bukele offered to incarcerate criminals deported from the US in the mega-prison.The Trump administration deported 261 people to El Salvador on 15 March. For 137 of them, the US government justified the move under the Alien Enemies Act of 1798, saying the men were members of the Venezuelan gang Tren de Aragua but providing few details about their cases.A US official said in a court filing that “many” of those 137 has no US convictions but still posed a serious threat.Those people along with 101 additional Venezuelans were sent to Cecot for a one-year term that can be renewed, Bukele said. The US government paid El Salvador about $6m to receive the deportees, the White House said.The remaining 23 deportees were Salvadoran gang members, the White House said.What is it like in the prison?Images taken inside the facility often show prisoners packed tightly together with their heads shaved and wearing only shorts.The prison has no outdoor recreational space and no family visits are allowed.View image in fullscreenA report from the Inter-American Commission on Human Rights in September 2024 expressed concerns about overcrowding in the Cecot, citing a study that found inmates had an average 0.60 square metres (6.45 square feet) of space, below international standards.Civil society organisations and advocates have reported over 6,000alleged human rights violations in the country since the state of emergency was declared in 2022, including arbitrary detentions, torture and 366 deaths in state custody. The government denies the allegations.Why is the prison controversial?Cecot has attracted global attention, both positive and negative. Argentine security minister Patricia Bullrich praised the facility in a June 2024 social media post that said: “This is the way. Tough on criminals.”A US Republican party delegation from the House of Representatives, led by then-Representative Matt Gaetz, visited the prison a month later.YouTube personalities have had millions of views for their prison visit videos that highlighted harsh conditions in the prison.Many human rights organisations have criticised El Salvador’s prisons and especially Cecot. Groups have reported alleged human rights violations like torture, inmate deaths and mass trials.Bukele said in August that “gang members will spend their entire lives in prison.” Justice minister Gustavo Villatoro vowed in 2023 that officials “will make sure none of those who enter the Cecot ever leave on foot.”View image in fullscreen More

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

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

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

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

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    Trump Officials Say Deportees Were Gang Members. So Far, Few Details.

    Families and immigration lawyers argue not all of the deportees sent to a prison in El Salvador over the weekend had ties to gangs.In the days since the federal government sent hundreds of Venezuelan immigrants to a prison in El Salvador, Washington has been debating whether the White House did indeed defy a federal judge who ordered the deportation flights to turn around and head back to the United States.But beyond the Trump administration’s evident animus for the judge and the court, more basic questions remain unsettled and largely unanswered: Were the men who were expelled to El Salvador in fact all gang members, as the United States asserts, and how did the authorities make that determination about each of the roughly 200 people who were spirited out of the country even as a federal judge was weighing their fate?The Trump White House has said that most of the immigrants deported were members of the Venezuelan gang Tren de Aragua, which, like many transnational criminal organizations, has a presence in the United States. Amid the record numbers of migrants arriving at the southern border in recent years, the gang’s presence in some American cities became a rallying cry for Donald J. Trump as he campaigned to return to the White House, claiming immigrants were invading the country.After Mr. Trump returned to power in January, Tren de Aragua remained a regular talking point for him and his immigration advisers, and the deportation flights last week were the administration’s most significant move yet to make good on its promise to go after the gang. But officials have disclosed little about how the men were identified as gang members and what due process, if any, they were accorded before being placed on flights to El Salvador, where the authoritarian government, allied with Mr. Trump, has agreed to hold the prisoners in exchange for a multimillion-dollar payment.The Justice Department refused to answer basic inquiries on Monday about the deportations from the federal judge in Washington, D.C., who had ordered the deportation flight to return to the United States. On Tuesday afternoon, he ordered the Justice Department to submit a sealed filing by noon on Wednesday detailing the times at which the planes had taken off, left American airspace and ultimately landed in El Salvador.More than half of the immigrants deported over the weekend were removed using an obscure authority known as the Alien Enemies Act of 1798, which the Trump administration says it has invoked to deport suspected Venezuelan gang members age 14 or older with little to no due process. The rarely invoked law grants the president broad authority to remove from the United States citizens of foreign countries whom he defines as “alien enemies,” in cases of war or invasion.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 rules against Musk and Doge, finding USAid shutdown ‘likely violated’ constitution – US politics live

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

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    Timeline of Trump’s Deportation Flights, From Alien Enemies Act to Judge’s Order

    The federal judge’s ruling was clear: The Trump administration could not use an obscure wartime law from the 18th century to deport people without a hearing.If any planes were already in the air, the judge said, they should turn back.That did not happen. Instead, the Trump administration sent more than 200 migrants to El Salvador over the weekend, including alleged gang members, on three planes.A New York Times review of the flight data showed that none of the planes in question landed in El Salvador before the judge’s order, and that one of them did not even leave American soil until after the judge’s written order was posted online. During a Monday court hearing, a Justice Department lawyer argued that the White House had not defied the order by the judge, James E. Boasberg of the Federal District Court in Washington. The lawyer, Abhishek Kambli, argued that the judge’s decision was not complete until it was codified in written form. And — crucial to the government’s explanation — the written version did not include the specific instruction to turn planes around. Mr. Kambli also argued that while the third plane contained deportees, their cases were not covered by the judge’s order. More

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

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