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      Judge Calls Mistaken Deportation of Maryland Man a ‘Grievous Error’

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      The Trump administration committed a “grievous error” that “shocks the conscience” by inadvertently deporting a Salvadoran migrant to a notorious prison last month and then declaring there was little it could do to bring him back, a federal judge in Maryland said on Sunday.The strongly worded order by the judge, Paula Xinis, served two purposes: It offered a more detailed explanation of a brief ruling she issued on Friday, demanding that the White House bring the migrant, Kilmar Armando Abrego Garcia, back to the United States by the end of Monday. And it rejected a request by the Justice Department to pause the order as a federal appeals court considered its validity.Over 22 pages, Judge Xinis took Trump officials to task for deporting Mr. Abrego Garcia to El Salvador on March 15 in violation of a previous court order that allowed him to stay in the United States. Administration officials then argued that neither they nor she as the judge overseeing the case had any power to retrieve him from the prison.“As defendants acknowledge, they had no legal authority to arrest him, no justification to detain him, and no grounds to send him to El Salvador — let alone deliver him into one of the most dangerous prisons in the Western Hemisphere,” Judge Xinis wrote. “Having confessed grievous error, the defendants now argue that this court lacks the power to hear this case, and they lack the power to order Abrego Garcia’s return.”Moreover, Judge Xinis questioned the administration’s underlying claims that Mr. Abrego Garcia, 29, was a member of a violent transnational street gang, MS-13, which officials recently designated as a terrorist organization. The judge described those claims as being based on “a singular unsubstantiated allegation.”“The ‘evidence’ against Abrego Garcia consisted of nothing more than his Chicago Bulls hat and hoodie,” she wrote, “and a vague, uncorroborated allegation from a confidential informant claiming he belonged to MS-13’s ‘Western’ clique in New York — a place he has never lived.”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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      in US Politics

      As deportations ramp up, immigrants increasingly fear Ice check-ins: ‘All bets are off’

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      Jorge, a 22-year-old asylum seeker from Venezuela, reported in February to the US Immigration and Customs Enforcement (Ice) field office in Portland, Oregon, for what he figured would be a routine check-in. Instead, he was arrested and transferred to a detention center in another state.Alberto, a 42-year-old from Nicaragua who had been granted humanitarian parole, checked in with Ice using an electronic monitoring program that same month. Three days later, he was arrested.Sergei and Marina, a young couple from Russia with a pending asylum case, went into an immigration office in San Francisco in March, thinking they needed to update some paperwork. Agents arrested Sergei and told Marina to come back in a few weeks.For years, immigrants of all sorts with cases in process, pending appeals or parole, had been required to regularly check in with Ice officers. And so long as they had not violated any regulations or committed any crimes, they were usually sent on their way with little issue. Now, as the Trump administration pushes for the mass arrest and deportation of immigrants, these once routine check-ins have become increasingly fraught.Ice does not appear to keep count of how many people it has arrested at check-ins. But the Guardian estimates, based on arrest data from the first four weeks of the Trump administration, that about 1,400 arrests, or about 8% of the nearly 16,500 arrests in the administration’s first month – may have occurred during or right after people checked in with the agency.The Guardian reviewed cases in the arrest data, which was released by the Deportation Data Project from UC Berkeley Law School, where people who had previously been released on supervision were now arrested, as well as cases of people with pending immigration proceedings who were arrested in their communities. According to immigration lawyers, these types of arrests are most likely to match arrests that are occurring during or shortly after check-ins – though the actual number of cases may be higher.View image in fullscreen“Essentially, these people are low-hanging fruit for Ice,” said Laura Urias, a program director and attorney at the legal non-profit ImmDef. “It’s just very easy to arrest them.”Under the Biden administration, immigration officials had been instructed to prioritize detaining and expelling people who posed threats to public safety, and had criminal records. There were arrests during Ice check-ins during the Biden administration, too. A Guardian analysis found there were 821 arrests per month, on average, in 2024 that appeared to have occurred during or right after check-ins. But officials often used their discretion to allow immigrants who weren’t considered a priority for deportation to remain in their communities, on orders of recognizance or supervision.One of Donald Trump’s first actions after he was sworn in for his second term was to broaden Ice’s mandate – now all immigrants without legal status are prioritized for arrest, including those who have been checking in and cooperating with authorities.“Under this new administration, all bets are off,” said Stefania Ramos, an immigration lawyer based in Seattle. “So anyone with an Ice check-in appointment is frantic, looking for a lawyer, trying to figure out what they can do to protect themselves.”Attorneys and advocates cannot advise clients to skip check-ins because doing so would mean violating immigration regulations. And because these immigrants have been complying with Ice requirements, the agency knows their current home and work addresses. Many under Ice supervision had been ordered to wear ankle monitors or use facial recognition apps to check in – and allow the agency access to their real-time whereabouts.But lawyers are advising clients to prepare for the possibility that they could be detained at check-ins, and to bring someone, either a family member or an attorney, along with them.Jorge, the 22-year-old from Venezuela, had been checking in with Ice every three months while awaiting a court date to assess his asylum case. “Truly, I was never afraid I’d be arrested, because I did everything right,” he said on the phone, from the detention center in Tacoma where he is now being held.When an immigration official in Portland summoned him to sign some paperwork on 20 February, he had no reason to think he’d be relocated to a detention center one state over. “The truth is, this is so crazy,” he said. “I have a clean record. That’s why I voluntarily went to Ice.”In detention, he’s seen glimpses of the news that the president has declared war on Venezuela’s Tren de Aragua gang, that Venezuelan men with no criminal convictions were being sent to a mega-prison in El Salvador. “I’m afraid,” he said. He isn’t from the state in Venezuela where Tren de Aragua operates, and he has no tattoos – which the government has spuriously cited as evidence that men are members of a gang. “But I don’t know what to think. It feels like I am being unjustly imprisoned simply for being Venezuelan.”Jorge had himself fled violence back home. He had first escaped to Colombia in 2022, but he had found it impossible to make money and survive there. That year, he continued north, through the Darién jungle, to Panama, but eventually decided to return home to Venezuela when he realized the US was enforcing its “remain in Mexico” policy, sending migrants arriving at the southern border back to Mexico. “I was back for only three months, but I was living a nightmare. I had to leave,” he said. He witnessed multiple homicides and was harassed by local law enforcement. “I was afraid for my life.”View image in fullscreenHe crossed through the Darién Gap again in 2023, and registered an asylum claim and was given a court date in 2025. In the two years since, he enrolled in community college and completed the accredited irrigation program in partnership with Portland Community College, worked as an advocate with the Voz Workers’ Rights Education Project and trained in emergency preparedness. He danced bachata and played on pick-up sports teams in town. “I left my family in Venezuela, but I found my community in Portland,” he said.“Now I feel despair. My future is literally hanging in the balance,” he said. On 20 March, a judge denied his appeal for bond – which means he will likely have to remain in detention until September, unless his lawyers are able to successfully appeal. Meanwhile, his friends have been raising money to cover legal expenses and commissary funds in detention.“I’m trying to keep courage,” he said. “But I don’t know why I’m here.”More than a dozen immigration lawyers, advocates and former immigration officials that the Guardian interviewed for this story said they have been hearing of similar cases across the country.ImmDef, which maintains a rapid response hotline for the families of people who have been detained, has received several calls from people who said their loved ones were arrested at check-ins. But the organization has also seen a number of cases where people went to their check-ins, and encountered no problems.“It hasn’t been consistent,” said Urias. “We haven’t seen much of a pattern, per se.”Ice did not respond to questions about whether its agents are increasingly arresting people at check-ins, or whether the frequency of these check-ins had changed, though the agency acknowledged it received the Guardian’s query.View image in fullscreenUrias was especially worried for one of her clients, a woman who survived domestic violence. She has a removal order but a pending application for a U-visa, which is offered to the victims of certain crimes.“She had been checking in with Ice since 2016, we actually survived the first Trump administration,” said Urias. Normally, Urias doesn’t accompany her to the check-ins but did so earlier this month. But then, the check-in happened without incident – and she was told to come back in a year. “It was a huge relief,” said Urias. “But also it feels like there’s no rhyme or reason why some people are ok, and others are picked up.”Lawyers and advocates said people such as Urias’s client – who have been given prior “orders of removal” by Ice, but were allowed to remain in the US because they had pending cases or appeals, because they had children or family in the US under their care, or because home countries weren’t accepting deportation flights – were among the most vulnerable to deportation at the moment.Ice always had the power to execute removal orders at any time – and now the agency seems particularly poised to wield that power.That’s what worries Inna Scott, an immigration attorney in Seattle, whose client had crossed into the US from Mexico as a teenager, and was issued a deportation order in 1997. But he has continued to live in the US since then. In 2021, he was able to get a permit to work legally in the US after complying with Ice’s orders to regularly check in.When he reported, as usual, in March this year, immigration officials told Scott that they would likely seek to enforce her client’s removal order from the 90s, and instructed them to return in a month. “My client has no criminal history and has been a well-behaved resident of the country for decades,” she said. “But now he’s all of a sudden subject to detainment.” Ice could reinstate his old deportation order without giving him any opportunity to make his case in front of an immigration judge.Scott said she wasn’t particularly shocked because Ice officials made similar arrests during the first Trump administration – which had also issued a broad mandate to deport anyone without legal status. “But it is unfortunate. These are people without any kind of criminal history. These are people who are not national security risks. They’re not fugitives, they are living their lives working lawfully, with their work permits,” she said. “And they’re still being uprooted from their lives and taken to a country they haven’t been to in decades.” More

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      in US Politics

      Federal judge rules return of Maryland man mistakenly deported to El Salvador prison

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      A federal judge on Friday afternoon ordered the US to return a Maryland man mistakenly deported to an El Salvador prison after a Trump administration attorney was at a loss to explain what happened.The wife of the man, who was flown to a notorious Salvadoran prison had earlier joined dozens of supporters at a rally before a court hearing on Friday, where his lawyers had asked the judge – Paula Xinis – to order the Trump administration to return him to the US.Xinis on Friday called Kilmar Abrego Garcia’s deportation “an illegal act” and pressed US justice department attorney Erez Reuveni for answers. Reuveni had few, if any, to offer, conceding that Abrego Garcia should not have been removed from the US and sent to El Salvador. He could not cite any authority held by the Trump administration to arrest Abrego Garcia in Maryland.“I’m also frustrated that I have no answers for you for a lot of these questions,” he said.Reuveni said, “I don’t know,” when asked why Abrego Garcia was sent to El Salvador, which has a history rife with human rights abuses.Abrego Garcia’s wife, US citizen Jennifer Vasquez Sura, hasn’t spoken to him since he was flown to his native El Salvador last month and imprisoned. She urged her supporters to keep fighting for him “and all the Kilmars out there whose stories are still waiting to be heard”.View image in fullscreen“To all the wives, mothers, children who also face this cruel separation, I stand with you in this bond of pain,” she said during the rally at a community center in Hyattsville, Maryland. “It’s a journey that no one ever should ever have to suffer, a nightmare that feels endless.”The campaign to reunite the couple will shift to a courtroom in Greenbelt, Maryland, a suburb of Washington DC.The White House has cast Abrego Garcia, 29, as an MS-13 gang member and assert that US courts lack jurisdiction over the matter because the Salvadoran national is no longer in the US.Abrego Garcia’s attorneys have countered that there is no evidence he was in MS-13. The allegation is based on a confidential informant’s claim in 2019 that Abrego Garcia was a member of a chapter in New York, where he has never lived.Abrego Garcia’s mistaken deportation, described by the White House as an “administrative error”, has outraged many and raised concerns about expelling noncitizens who were granted permission to be in the US.Abrego Garcia had a permit from the Department of Homeland Security to legally work in the US, his attorney Simon Sandoval-Moshenberg said. He served as a sheet metal apprentice and was pursuing his journeyman license.He fled El Salvador around 2011 because he and his family were facing threats by local gangs. In 2019, a US immigration judge granted him protection from deportation to El Salvador because he was likely to face gang persecution. He was released and Immigration and Customs Enforcement (Ice) did not appeal the decision or try to deport him to another country.Abrego Garcia later married Vasquez Sura. The couple are parents to their son and her two children from a previous relationship.“If I had all the money in the world, I would spend it all just to buy one thing: a phone call to hear Kilmar’s voice again,” Vasquez Sura said. “Kilmar, if you can hear me, I miss you so much, and I’m doing the best to fight for you and our children.” More

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      in US Politics

      ‘He is not a gang member’: outrage as US deports makeup artist to El Salvador prison for crown tattoos

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      For as long as anyone can remember Andry José Hernández Romero was enthralled by the annual Three Kings Day celebrations for which his Venezuelan home town is famed, joining thousands of fellow Christians on the streets of Capacho to remember how the trio of wise men visited baby Jesus bearing gold, frankincense and myrrh.At age seven, Andry became a Mini King, as members of the town’s youth drama group Los Mini Reyes were known. Later in life, he tattooed two crowns on his wrists to memorialise those carnival-like Epiphany commemorations and his Catholic roots.“Most Capacheros get crown tattoos, often adding the name of their father or mother. We’ve lots of people with these tattoos – it’s a tradition that began in 1917,” said Miguel Chacón, the president of Capacho’s Three Kings Day foundation.The Latin American tradition appears to have been lost on the US immigration officers who detained Hernández, a 31-year-old makeup artist, hairdresser and theatre lover, after he crossed the southern border last August to attend a prearranged asylum appointment in San Diego.Hernández, who is gay, told agents he was fleeing persecution stemming from his sexual orientation and political views. Just weeks earlier, Venezuela’s authoritarian leader, Nicolás Maduro, had unleashed a ferocious crackdown after being accused of stealing the presidential election to extend his 12-year rule.But Hernández’s tattoos were deemed proof he was a member of Venezuela’s most notorious gang, the Tren de Aragua, and a “security threat” to the US.View image in fullscreen“Detainee Hernandez ports [sic] tattoos ‘crowns’ that are consistent with those of a Tren de Aragua member,” an agent at California’s Otay Mesa detention centre claimed, according to court documents published this week.Those 16 words appear to have sealed the fate of the young Venezuelan stylist, who friends, family and lawyers say has never committed a crime.On 15 March, after more than six months in custody in the US, Hernández was one of scores of Venezuelans flown from Texas to a maximum security prison in El Salvador as part of Donald Trump’s mass deportation campaign. To the horror of their relatives, some detainees were paraded before the cameras and filmed being manhandled by guards and having their heads shaved before being bundled into cells.“Let my son go. Review his case file. He is not a gang member,” Hernández’s mother, Alexis Dolores Romero de Hernández, pleaded as she came to terms with her son’s disappearance into the notorious Central American “terrorism confinement centre”, known by the Spanish acronym Cecot.“Everyone has these crowns, many people. But that doesn’t mean they’re involved in the Tren de Aragua … He’s never had problems with the law,” said Hernández, 65, who has not heard from her son since he called on the eve of his transfer to let her know – incorrectly – that he was being deported to Venezuela.View image in fullscreen“We know nothing. They say nothing. They give no information. That’s the trauma – not knowing anything about these young men, especially mine,” Alexis Hernández complained.Her son’s plight has caused outrage in Táchira, the western state where he grew up, with people packing Capacho’s picturesque 19th-century church, San Pedro de la Independencia, to demand his freedom.“We’re talking about someone who has been part of Capacho’s Three Kings Day celebrations for 23 years,” said Chacón, who is leading the campaign. “That’s why I’m doing everything I can to get this young man released. He is completely innocent.”Krisbel Vásquez, 29, a manicurist, denied her “calm, kind and humble” childhood friend was a villain. “I’ve known him all my life. He doesn’t bother anyone,” Vásquez said, urging Trump and El Salvador’s president, Nayib Bukele, to backtrack.Xiomara Ramírez, 57, said her son had grown up with Hernández, with the pair doing homework together at her house. “I wonder why so much injustice. Why doesn’t the US give good people like Andry opportunities?” Ramírez asked.Melissa Shepard, an attorney from the California-based Immigrant Defenders Law Center, representing Andry, was perplexed that her “very sweet, kind and thoughtful” client had been incarcerated in “one of the worst places in the world.“The fact that this administration has taken somebody who is so vulnerable and put them into such a terrifying situation has just been horrific. We fear that if it can happen to him, it can happen to anyone,” she said.View image in fullscreenGrowing indignation over Hernández’s plight, and that of other apparently innocent Venezuelans deported to El Salvador on the basis of their tattoos, is spreading to unexpected places.“It’s horrific,” Joe Rogan, a Trump-endorsing podcaster, said on his latest show. Rogan supported Trump’s offensive against Venezuelan “criminals” the president claimed terrorised the US. “But let’s not [let] innocent gay hairdressers get lumped up with the gangs,” he said, asking: “How long before that guy can get out? Can we figure out how to get them out? Is there any plan in place to alert the authorities that they’ve made a horrible mistake and correct it?”But the Trump administration has shown no sign of reconsidering its decision to send so many Venezuelans to El Salvador on the basis of such flimsy evidence.On Monday, Trump thanked Bukele for receiving another group of alleged Latin American criminals “and giving them such a wonderful place to live!”Bukele said the deportations were “another step in the fight against terrorism and organised crime”, claiming the 17 detainees were all “confirmed murderers and high-profile offenders”.The White House press secretary, Karoline Leavitt, bristled when questioned about agents’ use of a “points system” to classify detainees as gang members based on their tattoos or attire. “Shame on you and shame on the mainstream media for trying to cover for these [criminal] individuals,” she replied, claiming “a litany of criteria” was used to correctly identify “foreign terrorists” or “illegal criminal aliens” for removal.View image in fullscreenShepard questioned the administration’s assertion that detainees such as Hernández were being “removed”. “He has been disappeared,” she said. “I know the government tries to use the language that he was ‘removed’ [but] … he has absolutely been disappeared.”Thousands of miles away in Capacho, Hernández’s mother spoke sorrowfully of how her son had decided, against his family’s wishes, to abandon their economically damaged country last May and make the perilous journey north through the Darién jungles between Colombia and Panama. “He left because he wanted to help us … and to fulfil his dream,” Hernández said, adding: “Now the reality is different.”On a recent evening, she and hundreds of protesters filled the San Pedro church for their latest vigil in support of Hernández. The crowd included three men dressed as the Three Kings, who wore theatrical beards and diadems dotted with fake jewels and carried plaques bearing the words: Conscience, Justice and Freedom.“We, his family, and the entire town vouch for [Hernández’s] innocence. It’s not possible that in Capacho having a crown tattoo is a symbol of pride, but for him, it makes him a criminal,” Chacón said, appealing directly to the presidents of the US and El Salvador.“I know Trump is a good man and Bukele is a good man,” Chacón said. “But it cannot be that they have sent this young man to prison. There must be many others like him.” More

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      in US Politics

      Trump administration deports more alleged gang members to El Salvador

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      The 17 additional people the US shipped off to a prison in El Salvador on Sunday and accused of being tied to transnational gangs were sent there from immigration detention at Guantánamo Bay, a White House official confirmed to the Guardian on Monday afternoon.The secretary of state, Marco Rubio, announced the overnight military transfer, asserting that the group included “murderers and rapists” from the Tren de Aragua and MS-13 gangs, which the Trump administration has recently labeled foreign terrorists.The 17 now-deported individuals were Salvadoran and Venezuelan nationals. Fox News was first to report the names and crimes allegedly committed that the White House has since confirmed.El Salvador’s president, Nayib Bukele, posted on social media that the deportees were “confirmed murderers and high-profile offenders, including six child rapists”.Immigration officials announced in mid-March they had removed all migrants being held at Guantánamo Bay and returned them to the US, just weeks after sending the first batch to the US military base in Cuba. Donald Trump had pledged to carry out the largest deportation operation in US history, and controversially, Guantánamo was considered to be a staging ground for the actions, with options to expand the facilities used for immigration-related detention.Approximately 300 migrants, mostly Venezuelans, were recently deported to El Salvador’s notorious Terrorism Confinement Center (Cecot), a mega-prison notorious for brutal conditions.Family members have repeatedly denied gang affiliations, while the administration has refused to provide evidence, invoking “state secrets” privilege.Questions about the accuracy of these gang allegations have intensified as more information has emerged about some of them, such a 23-year-old gay makeup artist with no apparent gang affiliations who was deported to the Cecot prison without a hearing. His attorney, Lindsay Toczylowski, said officials had previously misinterpreted his tattoos as gang symbols, and that his client was scheduled to appear at an immigration court appearance in the US before he was suddenly sent to El Salvador.The deportations come amid legal challenges to Trump’s use of the 18th-century Alien Enemies Act, which a federal appeals court has blocked. A federal judge has ordered “individualized hearings“ for those targeted for removal.Intelligence agencies reportedly contradict Trump’s claims linking the Tren de Aragua gang to the Venezuelan government, undermining a key justification for the deportations, according to the New York Times.Still, the Trump administration has vowed to continue the deportation strategy through other means, and is currently petitioning the supreme court to lift the block on its use of the wartime deportation powers. More

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      in US Politics

      White House asks supreme court to allow deportations under wartime law

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

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      in US Politics

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

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

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

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

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