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

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      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

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      White House denies violating judge’s order with Venezuela deportations

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      The White House has denied allegations that it engaged in a “a blatant violation” of a judge’s order by deporting about 250 Venezuelan alleged gang members to El Salvador on Saturday, with the US border czar appearing to contradict the denial on Monday by declaring: “I don’t care what the judges think.”The US district judge James E Boasberg has scheduled a hearing for Monday afternoon to demand an explanation about why his Saturday order temporarily blocking the deportation flights had apparently been ignored.The Trump administration had ordered at least some of the deportations using the Alien Enemies Act, a law from 1798 that is meant to be used during wartime. The president quietly invoked the law on Friday and progressive groups almost immediately sued to stop it.On Saturday, during a court hearing over the case, Boasberg added a verbal order that any flights that had already departed with Venezuelan immigrants using the Alien Enemies Act turn around and return to the US.“This is something that you need to make sure is complied with immediately,” he told the justice department, according to the Washington Post.At that point (about 6.51pm ET, according to Axios), both flights were off the Yucatán peninsula, according to flight paths posted on X.Later on Saturday night, however, El Salvador’s president, Nayib Bukele, confirmed that the planes had landed in his country and the alleged gang members were in custody, posting on social media, “Oopsie … too late” above a news article about the judge’s order to turn the planes around.White House officials insisted that the migrants were no longer in US territory when the judge issued his order, claiming that it therefore did not apply.The administration “did not ‘refuse to comply’ with a court order”, said the White House press secretary, Karoline Leavitt, in a statement on Monday.She also argued, however, that the order itself did not need to be followed in the first place.“The order, which had no lawful basis, was issued after terrorist TdA aliens had already been removed from US territory,” Leavitt said. “The written order and the administration’s actions do not conflict.“As the supreme court has repeatedly made clear – federal courts generally have no jurisdiction over the president’s conduct of foreign affairs, his authorities under the Alien Enemies Act, and his core Article II powers to remove foreign alien terrorists from US soil and repel a declared invasion.“A single judge in a single city cannot direct the movements of an aircraft carrying foreign alien terrorists who were physically expelled from US soil.”Other Trump administration officials, who have not been named, echoed similar statements to Axios about the ruling coming too late, claiming that the administration did not defy the judge as the planes were “already outside of US airspace” and therefore arguing that the order was “not applicable”.In a court filing on Monday, lawyers for the administration said that the judge’s oral order was “not enforceable”.ABC News also reported that the administration cited “operational” and “national security” reasons that the planes needed to land, and that the two planes took off during the hearing on Saturday.When asked by a reporter on Sunday whether the administration violated the judge’s orders, Donald Trump said: “I don’t know, you have to speak to the lawyers about that.” He added: “I can tell you this, these were bad people.”Reuters reported that the Trump administration stated in a court filing on Sunday that “some” of the Venezuelans had already been removed from the US before the judge’s order, but did not provide any further details.The New York Times noted that the filing implied that the government had other legal grounds for the deportations of the Venezuelans, other than the use of the Alien Enemies Act that was blocked by the judge.The American Civil Liberties Union and Democracy Forward, which sued to stop the use of the act, added in a court filing on Monday that they believe that the government violated the court order , calling the administration’s actions a “blatant violation of the court’s order”.skip past newsletter promotionafter newsletter promotionThe rights groups asked the judge to compel the administration to clarify whether any flights departed after the judge’s orders, and to provide more information on the flight timings.On Monday morning, Boasberg scheduled a 4pm hearing for the Trump administration to explain if they defied his order.Later on Monday morning, Tom Homan, Trump’s “border czar”, told reporters: “By the time the order came, the plane was already over international waters, with a plane full of terrorists and significant public safety threats.”He added: “To turn the plane around over international waters” and “come back with terrorists back to the United States, that’s not what this president promised the American people”.He followed up the remarks in an appearance on Fox and Friends, where according to the Hill he said: “I don’t care what the judges think. I don’t care.”He repeated his claim that the flight was “already in international waters” but also questioned why the judge would want “terrorists returned to the United States”: “Look, President Trump, by proclamation, invoked the authorities of the Alien Enemies Act, which he has a right to do, and it’s a gamechanger.”The Georgetown law professor Steve Vladeck criticised the administration’s argument that it was too late to act once the planes had left the US. He argued on social media that “a federal court’s jurisdiction does not stop at the water’s edge” but rather, “the question is whether the defendants are subject to the court order, not where the conduct being challenged takes place”.Vladeck also told the Associated Press that although the judge’s verbal directive to turn around the planes was not technically part of his final written order, nevertheless the Trump administration clearly violated the “spirit” of it.Peter Markowitz, a Cardozo Law School professor and immigration enforcement expert, told Reuters that he believed the Trump administration’s actions “most certainly violate” the court’s order.In a statement on Monday, the Democratic senators Alex Padilla, Cory Booker, Dick Durbin and Peter Welch condemned Trump’s invocation of the Alien Enemies Act.“Let’s be clear: we are not at war, and immigrants are not invading our country,” they said. “Furthermore, courts determine whether people have broken the law – not a president acting alone, and not immigration agents picking and choosing who gets imprisoned or deported.”The deportations may not be the only instance of the White House directly violating a court order, after the administration reportedly deported Dr Rasha Alawieh, a kidney transplant specialist and Brown University professor, despite a court order temporarily blocking her expulsion.Citing her attorney and court documents, the New York Times reported that the 34-year-old Lebanese citizen – who had a valid US visa – was detained on Thursday upon returning to the US after visiting family in Lebanon. A federal judge had reportedly ordered the government to provide the court with 48 hours’ notice before deporting Alawieh, but she was reportedly put on a flight to Paris anyway. A hearing in her case is set for Monday. More

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      French politician jokes US should return Statue of Liberty for siding with ‘tyrants’

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      A French European parliament member has quipped that the US should return the Statue of Liberty, which it received as a gift from France about 140 years ago, after Donald Trump’s decision “to side with the tyrants” against Ukraine.Trump’s White House press secretary, Karoline Leavitt, then responded to Raphaël Glucksmann on Monday by calling him an “unnamed low-level French politician” and saying the US would keep the statue.Taunting France’s conquest by Nazi Germany during the second world war before the allied forces – including the US – then defeated the Nazis, Leavitt added: “It’s only because of America that the French are not speaking German right now.” She also said France “should be very grateful to our great country”.Glucksmann, of the Progressive Alliance of Socialists and Democrats, kicked off the exchange Sunday when – evidently with his tongue in his cheek – he said it appeared to him that the US had come to “despise” the statue as well as what it symbolizes.“So, it will be just fine here at home,” Glucksmann said.Glucksmann also referred to a crackdown on “scientific freedom” in the US in his remarks at a political party convention, first reported by Agence France-Presse.His comments amount to a verbal protest after Trump suspended military aid and intelligence gathering on Ukraine, in an apparent attempt to strong-arm its president, Volodymyr Zelenskyy, in the negotiations to end the war started by Russia, which invaded in February 2022.The US president upbraided Zelenskyy during a televised diplomatic meltdown in the Oval Office on 28 February, which caused significant alarm across Europe for appearing to signal that the Trump administration generally favors Russia in the conflict. The US later restored military aid, but on Monday it was reported the US was withdrawing from an international body formed to investigate responsibility for the invasion of Ukraine.Trump and the Russian leader, Vladimir Putin, for whom the US president has repeatedly expressed admiration, are tentatively scheduled to talk on Tuesday over the phone about ending the war in Ukraine.Glucksmann’s remarks additionally nodded to Elon Musk’s brutal staffing and spending cuts to the US federal government, which have affected numerous health and climate research workers. Glucksmann said France could be in a position to benefit if any of the fired workers emigrated.“If you want to fire your best researchers, if you want to fire all the people who, through their freedom and their sense of innovations, their taste for doubt and research, have made your country the world’s leading power, then we’re going to welcome them,” said Glucksmann.“Give us back the Statue of Liberty. We’re going to say to the Americans who have chosen to side with the tyrants, to the Americans who fired researchers for demanding scientific freedom: ‘Give us back the Statue of Liberty.’ We gave it to you as a gift.”France did indeed present the 305ft-tall, 450,000lb Statue of Liberty to the US in Paris on 4 July 1884, the 108th anniversary of the American declaration of independence from the UK. The US needed crucial military aid from France to win its revolutionary war and gain independence from the UK.Nicknamed “Lady Liberty”, the torch-bearing statue – designed by Frédéric Auguste Bartholdi of France – was then installed on an island in New York City’s harbor and dedicated in 1886. There is a smaller copy of the statue on an island in the Seine river in Paris.A bronze plaque on the Statue of Liberty’s pedestal contains the words of a poem titled The New Colossus, which overtly references the large number of immigrants who arrived in the US in the 19th century and partially reads: “Give me your tired, your poor, your huddled masses yearning to breathe free, the wretched refuse of your teeming shore.”Trump has been aggressively pursuing the deportation of immigrants. Recently, his administration deported a Brown University medical professor to Lebanon, despite her having a valid US work visa and a judge’s order not to do so.Prosecutors reportedly alleged that the professor had recently attended the funeral of Hezbollah leader, Hassan Nasrallah, among other things.The US also recently deported to El Salvador more than 250 people whom the White House accused of belonging to Venezuelan and Salvadorian gangs, despite a judge’s order halting the flight.David Smith contributed reporting More

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      ‘I escaped one gulag only to end up in another’: Russian asylum seekers face Ice detention in the US

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      For most of the four years of Joe Biden was in office, citizens of Russia and other post-Soviet states seeking asylum in the US were generally released into the country while they awaited hearings on their claim in immigration court.But since last summer, many have been detained upon entering the US, and some of them have been held for more than a year, lawyers, activists and detainees say. Some children have been separated from their parents.“My Russian clients tell me, ‘Now our prison is 80% Russian, the remaining 20% are from rotating nationalities who stay for a while,’” said immigration attorney Julia Nikolaev, who has been advocating for detainees’ rights alongside representatives of the Russian opposition. “Only Russians and a few other post-Soviet nationals remain in detention until their final hearings.”Alexei Demin, a 62-year-old former naval officer from Moscow, was detained in July of last year.In the last 20 years, Demin rarely missed an anti-Vladimir Putin protest in the Russian capital. He had become concerned almost immediately after Putin, a former KGB agent, rose to power, he said. For years, he criticized Putin’s regime on Facebook, and he was detained twice at protests. Still, he never imagined that he would end up fleeing his homeland for fear that Putin’s regime would imprison him. Or that he would end up imprisoned in the US.When Russia launched its invasion of Ukraine in 2022, a colleague asked Demin why he wasn’t enlisting to fight. He replied: “If I go, it will be on Ukraine’s side.” Soon, as the crackdown on dissent in Russia intensified amid the war, Demin and his wife, like many others who had long openly opposed Putin, fled to the US to seek political asylum. For years, Russians have been among the top five nationalities granted asylum.The couple arrived in the US in the summer of 2024, after securing an appointment through CBP One, the app launched by the Biden administration (and since then shut down by Donald Trump) allowing asylum applicants to schedule to meet with immigration officials. At their appointment, Demin and his wife were detained, separated and sent to detention centers in different states. They haven’t seen each other since.His predicament, Demin said, was “a trap and a blatant injustice”.“This is how the US treats people who protest against Russia’s policies,” he said in a call from a detention center in Virginia in January.US Immigration and Customs Enforcement (Ice) does not release public data on the number of people from post-Soviet countries it holds in detention. But Nikolaev said that law enforcement officials have privately acknowledged to her that asylum seekers from those countries are being held longer.Other activists say they have seen similar patterns. The non-profit Russian America for Democracy in Russia (RADR) has played an active role in assisting detainees in immigration detention centers, finding lawyers and working with the government officials.Dmitry Valuev, president of RADR, said it was an issue that affected not only Russians, but also citizens of several other post-Soviet countries.There have been reports that some immigrants arriving from post-Soviet states are facing increased scrutiny over fears they are connected to Islamist terrorist organizations. It’s unclear what prompted US authorities to keep the Russian asylum seekers in detention. One theory is that immigration officials are targeting Russians and other post-Soviet nationals as spies.Eric Rubin, former US ambassador to Bulgaria who also served as a deputy chief of mission at the US embassy in Moscow, said that the complicated history of US-Russia diplomacy can hurt Russian asylum applicants.“When you meet Russians in the United States, obviously you need to wonder whether some of them are actually working for Russian intelligence. Some of them are, most of them are not,” said Rubin.Nikolaev isn’t so sure. “Russian spies can enter the country with European passports, visas and all the right documents,” she said.Nikolaev in January took her concerns to US government officials, alongside Ilya Yashin, a leading Russian opposition figure. They met with officials at the national security council, who requested a list of separated families, Nikolaev said.The Department of Homeland Security, Ice and the national security council did not respond to repeated questions about detention policies or the specific cases outlined in this article.In a statement, the White House said that the duration of cases varies based on legal proceedings and any protections sought. The White House also said there had been “zero instances of children from any of the countries you mentioned being separated from their families by US immigration authorities in this entire fiscal year”.View image in fullscreenBut Galina Kaplunova, 26, an illustrator and anti-Putin activist, was detained and separated from her child and mother at the US border last August.In the summer of 2024, Kaplunova’s husband, a Kremlin supporter, had threatened to take her child away and report her to the police for her political activism, Kaplunova said. A native of St Petersburg, she had been detained multiple times at protests and had volunteered in opposition leaders’ campaign offices. Two days after her husband made the threat, Kaplunova, her four-year-old son and her mother fled to the US.At the US border with Mexico, Ice agents separated Kaplunova from her son, she said. He was placed in foster care, while she and her mother were sent to different detention centers in separate states.After being separated, her son was placed with a Mexican American family, she said. He didn’t speak English, so communicated with them through Google Translate.“I fled Russia so they wouldn’t take my child or jail me. But the US did,” she said.About two months after being detained and separated, Kaplunova was released and reunited with her son, she said. It was a miracle, she said.Now Kaplunova and her son now live in California. Her mother is still detained. Her son is afraid of being abandoned. Whenever she tries to discuss his time in foster care, he simply says he doesn’t remember it.“It’s as if he erased that part of his life so he wouldn’t have to remember it,” she said.He learned some English in foster care, but refuses to speak it with his mother.“Maybe he associates English with something bad, something negative,” she said.Valuev, the president of RADR, said that long periods of detention can hurt applicants’ asylum cases. Hiring a lawyer from within a detention center is nearly impossible due to the lack of internet access, he said. “Detainees are given a list of contacts, but most of these numbers don’t answer the phone,” he said.Additionally, many detainees have no access to materials for their asylum cases because their documents were stored on computers and phones that were confiscated.Vladislav Krasnov, a protest organizer and activist from Moscow, said he spent 444 days in a Louisiana detention center. Krasnov fled Russia in 2022 after Putin announced a draft. He crossed the border with the CBP One appointment and was swiftly detained. Now free, he is still waiting for a court hearing to review his asylum case.Reflecting on his experience, he said he was shocked by the welcome he got in the United States. “I escaped one gulag only to end up in another,” Krasnov said.He was also angry at Russian opposition leaders for not paying attention to his plight until recently.“Last summer, I watched Yulia Navalnaya hugging Biden in the Oval Office. Then she talked on the phone with [Kamala] Harris, and Harris declared that America supports people fighting for Russia’s freedom. To put it mildly, I had a complete breakdown at that moment, sitting in detention,” Krasnov said.About 300 detainees from Russia and other post-Soviet countries filed a lawsuit last November, calling their detention discriminatory, and demanding freedom for people they argue were held without a justification. A federal judge ruled in February that the court lacked the jurisdiction to review the detention policy and dismissed the case.View image in fullscreenAmong those mentioned in the lawsuit was Polina Guseva, a political activist and volunteer on the team of the late Russian dissident Alexei Navalny. Guseva arrived in the US in July 2024, applied for asylum and was sent to a detention center. She said Ice officers at the Louisiana detention facility where she’s being held “openly say that Russians are not being released”.Still, she does not regret coming to the US, she said, adding safety concerns in Russia left her with no other choice.“Two thoughts help me a lot. First, better to be here than to be raped with a dumbbell in a Russian prison,” Guseva said. “And second, my friend Daniil Kholodny is still in prison in Russia. He was the technical director of the Navalny Live YouTube channel. He was tried alongside Alexei Navalny in his last trial and sentenced to eight years. He has been imprisoned for more than two years now. If he can hold on, why shouldn’t I?”Alexei Demin, the former naval officer and longtime protester, was supposed to have his first asylum court hearing reviewing his asylum case in early February, but the hearing was rescheduled to mid-April because of the judge’s sickness. By that time, he will have been in detention for more than 300 days. More

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      US deports 250 alleged gang members to El Salvador despite court ruling to halt flights

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      The US deported more than 250 mainly Venezuelan alleged gang members to El Salvador despite a US judge’s ruling to halt the flights on Saturday after Donald Trump controversially invoked the Alien Enemies Act, a 1798 law meant only to be used in wartime.El Salvador’s president, Nayib Bukele, said 238 members of the Venezuelan gang Tren de Aragua and 23 members of the Salvadoran gang MS-13 had arrived and were in custody as part of a deal under which the US will pay the Central American country to hold them in its 40,000-person capacity “terrorism confinement centre”.The confirmation came hours after a US federal judge expanded his ruling temporarily blocking the Trump administration from invoking the Alien Enemies Act, a wartime authority that allows the president broad leeway on policy and executive action to speed up mass deportations.The US district judge James Boasberg had attempted to halt the deportations for all individuals deemed eligible for removal under Trump’s proclamation, which was issued on Friday. Boasberg also ordered deportation flights already in the air to return to the US.“Oopsie … Too late,” Bukele posted online, followed by a laughing emoji.Soon after Bukele’s statement, the US secretary of state, Marco Rubio, thanked El Salvador’s leader.“Thank you for your assistance and friendship, President Bukele,” he wrote on the social media site X, following up on an earlier post in which he said the US had sent “2 dangerous top MS-13 leaders plus 21 of its most wanted back to face justice in El Salvador”.Rubio added that “over 250 alien enemy members of Tren de Aragua which El Salvador has agreed to hold in their very good jails at a fair price that will also save our taxpayer dollars”.On Friday, Trump invoked the Alien Enemies Act to order the deportations of suspected members of the Venezuelan gang he has accused of “unlawfully infiltrating” the US. The US formally designated Tren de Aragua a “foreign terrorist organization” last month.View image in fullscreenHe claimed the gang members were “conducting irregular warfare and undertaking hostile actions” against the US.The Alien Enemies Act has only ever been used three times before, most recently during the second world war, when it was used to incarcerate Germans and Italians as well as for the mass internment of Japanese-American civilians.It was originally passed by Congress in preparation for what the US believed would be an impending war with France. It was also used during the war of 1812 and during the first world war. The US attorney general, Pam Bondi, slammed Judge Boasberg’s stay on deportations. “This order disregards well-established authority regarding President Trump’s power, and it puts the public and law enforcement at risk,” Bondi said in a statement on Saturday night.But lawyers for the American Civil Liberties Union contend that the Trump does not have the authority to use the law against a criminal gang, rather than a recognized state.On Sunday, the Republican senator Mike Rounds questioned whether the deportation flights had ignored Judge Boasberg’s order to turn around. “We’ll find out whether or not that actually occurred or not,” Rounds told CNN. “I don’t know about the timing on it. I do know that we will follow the law.”skip past newsletter promotionafter newsletter promotionEl Salvador’s multimillion-dollar “terrorism confinement centre” – which is known by its Spanish acronym Cecot – is the centerpiece of Bukele’s highly controversial anti-gang crackdown which has seen tens of thousands of people jailed since it was launched in March 2022.The 40,000-capacity “mega-prison” was opened at the start of 2023 and has since become an essential destination for rightwing Latin American populists keen to burnish their crime-fighting credentials with voters. “This is the way. Tough on crime,” Argentina’s hardline security minister, Patricia Bullrich, enthused last year after posing outside Cecot’s packed cells.A succession of social media influencers and foreign journalists have also been invited to tour the prison to document its harsh conditions and help Bukele promote his clampdown, which has helped dramatically reduce El Salvador’s once sky-high murder rate.“The conditions in there are like something you’ve never seen … Depending on which side of the argument you fall on, it’s either the ultimate deterrent or it’s an abuse of human rights,” the Australian TV journalist Liam Bartlett reported after visiting El Salvador’s “hellhole” prison recently.“There’s no sheets [and] no mattresses. [Prisoners] sleep on cold steel frames and they eat the same meal every single day. Utensils are banned so they use their hands [to eat]. There’s just two open toilets in each of these massive cells and the lights stay on 24/7,” Bartlett added. “Imagine how long you would last in these conditions.”Human rights activists have decried how the mass imprisonments have taken place largely without legal process. More than 100 prisoners have died behind bars since Bukele’s clampdown began.Neither the US nor El Salvador offered any immediate evidence that the scores of Venezuelan prisoners sent to Cecot this weekend were in fact gang members or had been convicted of any offense. More

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      ‘Maga since forever’: mercenary mogul Erik Prince pushes to privatize Trump deportation plans

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      Silicon Valley has played a sizable part in the early days of Donald Trump’s new administration, but another familiar face in the Maga-verse is beginning to emerge: businessman Erik Prince, often described by his critics as a living “Bond villain”.Prince is the most famous mercenary of the contemporary era and the founder of the now defunct private military company Blackwater. For a time, it was a prolific privateer in the “war on terror”, racking up millions in US government contracts by providing soldiers of fortune to the CIA, Pentagon and beyond.Now he is a central figure among a web of other contractors trying to sell Trump advisers on a $25bn deal to privatize the mass deportations of 12 million migrants.In an appearance on NewsNation, he immediately tried to temper that his plan had any traction.“No indications, so far,” said Prince about a federal contract materializing. “Eventually if they’re going to hit those kinds of numbers and scale, they’re going to need additional private sector.”But the news had people wondering, how is Prince going to factor into the second Trump presidency?Sean McFate, a professor at Georgetown University who has advised the Pentagon and the CIA, said: “Erik Prince has always been politically connected to Maga, the Maga movement, and that’s going back to 2015.”Prince, himself a special forces veteran and ex-Navy Seal, is a known business associate of Steve Bannon, the architect of Trump’s first electoral win. Prince even appeared with him last July at a press conference before Bannon surrendered to authorities and began a short prison sentence for defying a congressional subpoena.“He comes from a wealthy Republican family,” said McFate, who has authored books on the global mercenary industry and is familiar with Prince’s history. “His sister, Betsy DeVos, is the former education secretary, and he’s been a Maga, not just a Maga, he’s been a Steve Bannon, Maga Breitbart Republican, since forever.”Beginning during the two Bush administrations, Blackwater was a major recipient of Pentagon money flowing into wars in Iraq and Afghanistan. But a massacre in Baghdad at the hands of some of his contractors led to prison sentences, congressional inquiries and blacklistings of the firm.Years later, Trump would come to the rescue: pardoning all of the Blackwater mercenaries involved in the massacre.Now, with the current administration, which is doling out free advertising to Elon Musk and other Maga loyalists, Prince has a new and familiar ally in Washington.“This is a big market time for him,” said McFate. “He’s very quiet when there’s a Democrat in the White House and gets very noisy when a Republican, especially Trump, is in the White House; I expect this to be one of many things he will try to pitch.”Do you have tips about private military contractors or the world of Erik Prince? Tip us securely here or text Ben Makuch at BenMakuch.90 on Signal.McFate said Prince is nothing if not an “opportunist” and an “egotist” with a penchant for getting into media cycles.“If Trump or somebody says ‘That’s an interesting idea,’ he will pump out a PowerPoint slideshow proposing an idea, whether or not he can do it,” he said. Prince also has the ear of Tulsi Gabbard, the director of national intelligence, and was a character witness for her Senate confirmation.There’s no denying Prince is a relentless pitchman, offering world governments billion-dollar plans to privatize wars or other less expensive espionage activities. For example, he was recently named to the advisory board of the London-based private intelligence firm Vantage Intelligence, which advises “sovereign wealth funds” and other “high-net-worth individuals”.skip past newsletter promotionafter newsletter promotionPost-Blackwater and under new companies, he has proposed missions in Afghanistan, Ukraine, Congo, Libya and, purportedly, Venezuela – a country he often mentions as ripe for overthrow on his podcast, Off Leash.A senior commander in an alliance of former Venezuelan soldiers who defected from the Chavista regime told the Guardian his organization has been asking Prince for help against the country’s current president, Nicolás Maduro.“We have sent messages to Mr Erik Prince to try to see if we can meet,” said Javier Nieto Quintero, a Florida-based former captain in the Venezuelan military and leader of the Venezuelan dissident organization Carive. “If he wants, we can provide help, support in terms of information, intelligence, or any other area based on the freedom of our country.”Nieto Quintero, who said Prince has yet to respond, and Carive was used in a failed operation against Maduro in 2020 led by a former Green Beret. In what is notoriously known as the “Bay of Piglets”, six of Nieto Quintero’s men were killed and close to 100 captured, including two former US servicemen recruited for the job who were freed two years ago from a Caracas prison.Prince’s eye has undoubtedly been focused on Venezuela, a country with vast oil reserves that has long been in the crosshairs of Trump’s retinue. In recent months, Prince has supported a Venezuelan opposition movement called Ya Casi Venezuela, claiming to have raised more than $1m for it over the summer. The Maduro regime is now investigating Prince’s links to the campaign, which it paints as a sort of front for western governments fostering its downfall.Venezuela has reason to fear Prince and his connections to American spies: the CIA, with a rich history of covert actions in Latin America, was at least aware of a plot to overthrow Maduro’s predecessor Hugo Chávez in 2002.“We were in contact with Ya Casi Venezuela, but a meeting never took place,” said Nieto Quintero. “We have continued to grow and strengthen our ranks and our doctrine, our plans, our institutional, military, security and defense proposals.”Prince is officially active in the region. Last week, Ecuador announced it would be partnering with Prince in a “strategic alliance” to reinforce the country’s controversial “war on crime” with his expertise.Prince did not respond to a request for comment sent through his encrypted cellphone company, Unplugged. Ya Casi Venezuela did not answer numerous emails about its relationship with Prince. As of now, no business deal between the Trump administration and Prince has been signed or publicly disclosed.But across his career as both a shadowy contractor and a political figure, who just graced the stages of the latest Conservative Political Action Conference (CPAC) to applause and then spoke to Harvard Republicans, the public and private sides of Prince remain somewhat antithetical.“He likes to be in the news, which makes him a very bad mercenary,” said McFate. “Frankly, most mercenaries I talk to in Africa, the big ones, despise him.” More

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      Alien Enemies Act: what is it and can Trump use it to deport gang members?

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      Donald Trump on Saturday invoked the Alien Enemies Act for the first time since the second world war, granting himself sweeping powers under a centuries-old law to deport people associated with a Venezuelan gang. Hours later, a federal judge halted deportations under the US president’s order.The act is a sweeping wartime authority that allows noncitizens to be deported without being given the opportunity to go before an immigration or federal court judge.Trump’s proclamation on Saturday identified Venezuela’s Tren de Aragua gang as an invading force. US district judge James Boasberg blocked anyone from being deported under the proclamation for two weeks and scheduled a Friday hearing to consider arguments.What are the origins of the act?In 1798, with the US preparing for what it believed would be a war with France, Congress passed a series of laws that increased the federal government’s reach. Amid worries that immigrants could sympathise with the French, the Alien Enemies Act was created to give the president wide powers to imprison and deport noncitizens in time of war.Since then, the act has been used just three times: during the war of 1812, the first world war and the second world war.During the second world war, with anti-foreigner fears sweeping the country, it was part of the legal rationale for mass internment of people of German, Italian and Japanese ancestry. An estimated 120,000 people with Japanese heritage, including those with US citizenship, were incarcerated during the war.Why is Trump using it now?For years, Trump and his allies have argued that America is facing an “invasion” of people arriving illegally. In his inaugural address, Trump said the act would be a key tool in his immigration crackdown.“By invoking the Alien Enemies Act of 1798, I will direct our government to use the full and immense power of federal and state law enforcement to eliminate the presence of all foreign gangs and criminal networks bringing devastating crime to US soil,” he said. “As commander in chief, I have no higher responsibility than to defend our country from threats and invasions.”In his declaration on Saturday, Trump said Tren de Aragua “is perpetrating, attempting, and threatening an invasion of predatory incursion against the territory of the United States”. He said the gang was engaged in “irregular warfare” against the US at the direction of the Venezuelan president, Nicolás Maduro.Last month, the Trump administration designated Tren de Aragua and seven other Latin American crime organizations as “foreign terrorist organizations”.What do critics of the move say?Critics say Trump is wrongly using the act to target non-state actors, rather than foreign governments. Civil liberties organizations have accused Trump of invoking the 1798 act unlawfully during peacetime to accelerate mass deportations and sidestep immigration law.“Invoking it in peacetime to bypass conventional immigration law would be a staggering abuse,” the Brennan Center for Justice wrote, calling it “at odds with centuries of legislative, presidential, and judicial practice”.“Summary detentions and deportations under the law conflict with contemporary understandings of equal protection and due process,” the Brennan Center said.Congress’s research arm said in a report last month officials may use the foreign terrorist designations to argue the gang’s activities in the US amount to a limited invasion. “This theory appears to be unprecedented and has not been subject to judicial review,” the Congressional Research Service said.The Venezuelan government has not typically taken its people back from the US, except on a few occasions. Over the past few weeks, about 350 people were deported to Venezuela, including some 180 who spent up to 16 days at the Guantanamo Bay naval base. More

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      Trump invokes 18th-century wartime act to deport five Venezuelans

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      Donald Trump has invoked the wartime Alien Enemies Act of 1798 to deport five Venezuelan nationals from the US.In a presidential proclamation issued on Saturday, the White House said: “Tren de Aragua (TdA) is a designated Foreign Terrorist Organization with thousands of members, many of whom have unlawfully infiltrated the United States and are conducting irregular warfare and undertaking hostile actions against the United States.”The invocation of the wartime act comes just hours after a federal judge temporarily blocked Trump’s administration from using the 1798 Act to carry out its intended deportations of the Venezuelans.On Saturday, US district judge James Boasberg of the federal district court in Washington DC agreed to issue temporary restraining order that prevents the Venezuelans’ deportation for 14 days.“Given the exigent circumstances that it [the court] has been made aware of this morning, it has determined that an immediate Order is warranted to maintain the status quo until a hearing can be set,” Boasberg wrote in his order.Boasberg’s decision comes in response to a lawsuit filed the same day by the American Civil Liberties Union and Democracy Forward. The organizations charge that the Trump administration unlawfully invoked the Alien Enemies Act.In the lawsuit, ACLU and Democracy Forward argue the act has been invoked only three times in the history of the US: the war of 1812, first world war and second world war.“It cannot be used here against nationals of a country – Venezuela – with whom the United States is not at war, which is not invading the United States and which has not launched a predatory incursion into the United States,” the lawsuit stated.“The government’s proclamation would allow agents to immediately put noncitizens on planes without any review of any aspect of the determination that they are alien enemies,” the lawsuit added.A remote hearing has been scheduled for today at 5pm before Boasberg. Both ACLU and Democracy Forward will ask that the temporary restraining order be broadened to everyone in danger of removal under the act, the civil liberties organizations said.The president had previously ordered his administration to designate Venezuela’s Tren De Aragua gang as a foreign terrorist organization.With Trump characterizing the gang as a foreign force that is invading the US, civil liberties organizations such as the ACLU fear that Trump may invoke the 1798 act “unlawfully during peacetime to accelerate mass deportations, sidestepping the limits of this wartime authority and the procedures and protections in immigration law.”The invocation is expected to face legal challenges almost immediately. The 227-year-old law is designed to primarily be used in wartime, and only Congress has the authority to declare a war. But the president does have the discretion to invoke the law to defend against a “threatened or ongoing invasion or predatory incursion”, according to the Brennan Center for Justice, a non-partisan authority on law and policy.“This law shouldn’t be invoked because migration is not an invasion, and we’re not in a war time,” said Juliana Macedo do Nascimento, the deputy director of federal advocacy for United We Dream, an immigrant rights organization. “It’s extremely horrifying that we, as immigrants, are being labeled as terrorists, as invaders.”Those subject to the Alien Enemies Act could be deported without a court hearing or asylum interview, and their cases would be governed by wartime authority rather than by immigration law.The Alien Enemies Act specifically allows the president to detain, relocate, or deport immigrants based on their country of ancestry – and crucially covers not only citizens of hostile nations but also “natives”, which could include people who may have renounced their foreign citizenship and sought legal residency in the US.The centuries-old law was also used to arrest more than 31,000 people – mostly people of Japanese, German and Italian ancestry – as “alien enemies” during the second world war, and played a role in the mass removal and incarceration of Japanese Americans during the war.Trump has been building his case for invoking the act for years by characterizing the influx of migrants at the southern border as an “invasion”. He also previewed his invocation in an executive order on his inauguration day, directing the secretaries of state to plan by preparing facilities “necessary to expedite the removal” of those subject to the act.“By invoking the Alien Enemies Act of 1798, I will direct our government to use the full and immense power of federal and state law enforcement to eliminate the presence of all foreign gangs and criminal networks bringing devastating crime to US soil, including our cities and inner cities,” he said in his inaugural address.Though anti-immigrant politicians and groups have long advocated for the use of the act in response to unlawful border crossings, Macedo do Nascimento said a number of executive orders and congressional policies have already broadened the federal government’s authorities to detain and deport immigrants.“There are already laws that allow for mass detention. There are already laws, like the Laiken Riley Act, that would broaden the dragnet of people who can be detained,” Macedo do Nascimento said. “So the idea of him invoking the Alien Enemies Act feels kind of needless. To me, it is really about building the narrative to label immigrants as terrorists.” More