Tren de Aragua (Gang)

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    Lawyers for Venezuelans Challenge Alien Enemies Act Deportations in Texas

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    Broadening their efforts to stop the Trump administration from using a rarely invoked wartime statute to carry out deportations, lawyers for the American Civil Liberties Union on Wednesday asked a federal judge in Texas to bar the White House from using the law to send Venezuelan migrants to El Salvador.The filings by the A.C.L.U., submitted in Federal District Court in Brownsville, Texas, were in direct response to a Supreme Court decision on Monday. That ruling permitted the migrants to challenge efforts to deport them under the wartime law, known as the Alien Enemies Act, but only in the place they were being held.The three Venezuelans identified in the Texas filings — albeit only by their initials — had already secured a court order from a federal judge in Washington last month shielding them from being flown to El Salvador under President Trump’s invocation of the act. But the Supreme Court, in its ruling, vacated the order by that judge, James E. Boasberg, saying that the A.C.L.U.’s case on behalf of the men should have been filed in Texas, not Washington.On Tuesday, the A.C.L.U. filed a similar case in New York, noting that two of the Venezuelans subject to Mr. Trump’s proclamation had been moved from a detention center in Texas to one in the town of Goshen, in Orange County, N.Y. An emergency hearing has been scheduled in that case for Wednesday morning in Federal District Court in Manhattan.Mr. Trump’s efforts to use the Alien Enemies Act to deport scores of Venezuelan migrants have set off one of the most contentious legal battles of his second term. It began last month, after the president invoked the act, which has been used only three times since it was passed in 1798, to authorize the deportation of people he claims were members of Tren de Aragua, a violent Venezuelan street gang.The A.C.L.U. immediately challenged Mr. Trump’s use of the act in court filings in Washington, even as the administration rushed more than 100 Venezuelan migrants on to planes to El Salvador. Once there, they were put in a megaprison called CECOT, known for its brutal conditions.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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      Read the Supreme Court’s Ruling on Venezuelan Migrants

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      Cite as: 604 U. S.
      (2025)
      9
      SOTOMAYOR, J., dissenting
      whether its March 15 deportations complied with the Dis-
      trict Court’s orders, it simultaneously sought permission to
      resume summary deportations under the Proclamation.
      The District Court, first, denied the Government’s motion
      to vacate its temporary restraining order, rejecting the as-
      sertion that “the President’s authority and discretion under
      the [Alien Enemies Act] is not a proper subject for judicial
      scrutiny.” App. to BIO 71a. At the very least, the District
      Court concluded, the plaintiffs were “likely to succeed” on
      their claim that, “before they may be deported, they are en-
      titled to individualized hearings to determine whether the
      Act applies to them at all.” 2025 WL 890401, *2. The D. C.
      Circuit, too, denied the Government a requested stay and
      kept in place the District Court’s pause on deportations un-
      der the Alien Enemies Act pending further proceedings.
      2025 WL 914682, *1 (per curiam) (Mar. 26, 2025).
      It is only this Court that sees reason to vacate, for the
      second time this week, a temporary restraining order
      standing “on its last legs.” Department of Education, 604
      U. S., at (JACKSON, J., dissenting) (slip op., at 1). Not
      content to wait until tomorrow, when the District Court will
      have a chance to consider full preliminary injunction brief-
      ing at a scheduled hearing, this Court intervenes to relieve
      the Government of its obligation under the order.
      II
      Begin with that upon which all nine Members of this
      Court agree. The Court’s order today dictates, in no uncer-
      tain terms, that “individual[s] subject to detention and re-
      moval under the [Alien Enemies Act are] entitled to judicial
      review’ as to ‘questions of interpretation and constitution-
      ality’ of the Act as well as whether he or she ‘is in fact an
      alien enemy fourteen years of age or older.”” Ante, at 2
      (quoting Ludecke v. Watkins, 335 U. S. 160, 163–164, 172,
      n. 17 (1948)). Therefore, under today’s order, courts below More

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      Joe Rogan, Voices on the Right Raise Alarm Over Trump’s Immigration Moves

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      Influential figures on the right have largely cheered on the opening months of the Trump presidency. But as the administration has rushed to carry out deportations as quickly as possible, making mistakes and raising concerns about due process along the way, the unified front in favor of President Trump’s immigration purge is beginning to crack.When the administration deported a professional makeup artist and accused him of being part of a criminal gang, the enormously popular podcaster Joe Rogan balked.“You’ve got to get scared that people who are not criminals are getting lassoed up and deported and sent to El Salvador prisons,” Mr. Rogan, who endorsed Mr. Trump, said on his show “The Joe Rogan Experience.” He added that the case was “horrific.”When the administration arrested a former Columbia University graduate student who had been involved in campus protests, the far-right commentator Ann Coulter questioned the move.“There’s almost no one I don’t want to deport, but unless they’ve committed a crime, isn’t this a violation of the First Amendment?” Ms. Coulter wrote on social media.The dissenting voices, which have been limited mostly to commentators rather than elected Republicans, are remarkable because conservatives don’t often openly break with the president. And while the objections have largely been contained to tactics — not the overarching goal of ramping up deportations — the cracks show how seriously some conservatives are taking the administration’s aggressive and at times slapdash methods.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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      Trump Administration Tied Migrants to Gang Based Largely on Clothes or Tattoos, Papers Show

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      The Trump administration has granted itself the authority to summarily deport Venezuelan migrants accused of being members of a violent street gang on the basis of little more than whether they have tattoos or have worn clothing associated with the criminal organization, new court papers show.The papers suggest that the administration has set a low bar for seeking the removal of migrants whom officials have described as belonging to the street gang, Tren de Aragua. This month, the White House ordered the deportation of more than 100 people suspected of being members of the gang under a powerful wartime statute, the Alien Enemies Act, and have denied them any due process to challenge the allegations against them.In the court papers, submitted over the weekend, lawyers for the Venezuelan migrants produced a government document, titled “Alien Enemy Validation Guide,” that laid out a series of criteria administration officials are required to meet to designate the men as members of Tren de Aragua.The document established a scoring system for deciding whether the migrants were in fact members of the gang, which is often referred to as TdA, asserting that eight points were required for any individual to be identified as a member.According to the document, any migrant who admitted to being a member of the gang was assigned 10 points, meaning that they were automatically deemed to belong to the group and were subject to immediate deportation under the Alien Enemies Act.But the document also asserts that officials can assign four points to a migrant simply for having “tattoos denoting membership/loyalty to TDA” and another four points if law enforcement agents decide that the person in question “displays insignia, logos, notations, drawings, or dress known to indicate allegiance to TDA.”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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      Trump Deportation Fight Reaches Supreme Court

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      The Trump administration asked the justices to allow it to use a wartime law to continue deportations of Venezuelans with little or no due process.The Trump administration asked the Supreme Court on Friday to allow it to use a rarely invoked wartime law to continue to deport Venezuelans with little to no due process.The emergency application arrived at the court after a federal appeals court kept in place a temporary block on the deportations. In its application to the Supreme Court, lawyers for the administration argued that the matter was too urgent to wait for the case to wind its way through the lower courts.In the government’s application, acting Solicitor General Sarah M. Harris said the case presented “fundamental questions about who decides how to conduct sensitive national-security-related operations in this country.”“The Constitution supplies a clear answer: the president,” Ms. Harris wrote. “The Republic cannot afford a different choice.”The case will offer a major early test for how the nation’s highest court will confront President Trump’s aggressive efforts to deport of millions of migrants and his hostile posture toward the courts. Mr. Trump has called for impeaching a lower-court judge who paused his deportations.The case hinges on the legality of an executive order signed by Mr. Trump that invokes the Alien Enemies Act of 1798. The order uses the law to target people believed to be Venezuelan gang members in the United States.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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

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

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

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

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

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      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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      Trump Administration Pushes Back Against Judge’s Orders on Deportations

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      The Trump administration has asked a federal judge to dissolve the orders he put in place this weekend barring it from deporting suspected members of a Venezuelan street gang from the country under a rarely invoked wartime statute called the Alien Enemies Act.The Justice Department also doubled down on its efforts to avoid giving the judge, James E. Boasberg, the detailed information he had requested about the deportations, asking the federal appeals court that sits over him to intervene and put the case on hold.Taken together, the twin moves — made in separate sets of court papers filed late on Monday — marked a continuation of the Trump’s administration’s aggressive attempts to push back against Judge Boasberg, the chief judge of the Federal District Court in Washington, who temporarily halted one of President Trump’s signature deportation policies.The Justice Department has now effectively opened up two fronts in the battle: one challenging the underlying orders that paused, for now, the deportation flights and another seeking to avoid disclosing any information about the flights that could indicate they took place after the judge’s orders stopping them were imposed.Mr. Trump attacked Judge Boasberg in a social media post on Tuesday morning, albeit without naming him, as “a troublemaker and agitator,” and called for his impeachment. Mr. Trump’s remarks came days after he declared during a speech at the Justice Department that criticizing judges should be illegal.The late night filings and Mr. Trump’s verbal assault followed a day of extraordinary tension between the Trump administration and Judge Boasberg, both inside and outside the courtroom.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