March 2025 Venezuelan deportations

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Aerial view of a prison near a volcano in an isolated area
The Terrorism Confinement Center, where the 238 Venezuelans deported to El Salvador are detained
External videos
video icon Video of the arrival of 238 alleged Tren de Aragua members posted by Salvadoran president Nayib Bukele on Twitter

On March 15, 2025, US President Donald Trump announced that the Venezuelan criminal gang Tren de Aragua was conducting "irregular warfare" against the United States and that members in the United States would be deported under the Alien Enemies Act of 1798. The Trump administration quickly began the process of deporting Venezuelans allegedly affiliated with this gang on flights to El Salvador, where they would be detained at the Terrorism Confinement Center (CECOT).

The American Civil Liberties Union (ACLU) and Democracy Forward sued the government to stop the deportations, and the judge issued a temporary restraining order in favor of the plaintiffs. Despite this order, over 200 Venezuelans were flown to El Salvador. On March 24, James Boasberg, Chief Judge of the United States District Court for the District of Columbia ruled that the government cannot deport anyone under the Enemy Aliens Act without a hearing.[1][2]

Background

Further information: Deportation in the second presidency of Donald Trump and Tren de Aragua

During his 2024 presidential campaign, Trump promised to deport foreign gang members in what would be called "Operation Aurora", named after Aurora, Colorado. Aurora and the surrounding Denver metropolitan area had seen the arrival of over 50,000 Venezuelan in the past 18 months during the Venezuelan refugee crisis, and local police attributed crimes such as kidnapping, shooting, and prostitution to members of the gang Tren de Aragua. Trump's campaign alleged that the gang had taken over Aurora and used it to justify its broad immigrations policies.[3]

After Trump's presidential inauguration, he signed an executive order designating Tren de Aragua as a foreign terrorist organization as part of his plane to target the gang using the Alien Enemies Act.[4] Salvadoran president Nayib Bukele offered to help the Trump administration imprison criminals at CECOT, whether they be U.S. citizens or foreign nationals.[5]

A United States Intelligence Community assessment from February 26, 2025, concluded with a moderate level of confidence that the Venezuelan government was not controlling Tren de Aragua, the gang was not acting on government orders and lacked the resources and organization to do so. The FBI dissented, maintaining the gang has a connection to President Nicolás Maduro's administration based on information the other agencies rejected.[6]

Timeline

On Friday, March 14, 2025, Trump signed presidential proclamation 10903, invoking the Alien Enemies Act[7][8] and asserting that Tren de Aragua, a criminal organization from Venezuela, had invaded the United States.[9] The White House did not announce at the time that the proclamation has been signed.

Very early on Saturday, March 15, the American Civil Liberties Union (ACLU) and Democracy Forward filed a class action suit in the District Court for the District of Columbia on behalf of five Venezuelan men held in immigration detention.[10] The ACLU stated later that morning that it filed the suit, J.G.G. v. Trump, in anticipation that Trump would be invoking the act,[11] as news media had previously reported that Trump was expected to do so.[12] The suit was assigned to judge James Boasberg.[10] That morning, noting the exigent circumstances, he approved a temporary restraining order for the five plaintiffs, and he ordered a 5 p.m. hearing to determine whether he would certify the class in the class action.[13]

In the mid-afternoon, detainees were taken from El Valle detention center in Raymondville, Texas, to buses.[10] Subsequently, the White House announced that Trump had invoked the Alien Enemies Act, posting a copy of the proclamation to its website.[14]

At 5 p.m., Boasberg began the court hearing to determine whether to certify the class and grant a temporary restraining order for the class.[13] Boasberg asked deputy assistant attorney general Drew Ensign if the Trump administration was planning to carry out deportations using the Alien Enemies Act in the next 48 hours. Ensign replied that he did not know and requested time to find out.[13] Boasberg gave Ensign around 40 minutes to find out, pausing the hearing at 5:22 p.m.[13] Meanwhile, at Harlingen, Texas, two planes with Venezuelan deportees took off, one at 5:26 p.m. and the other at 5:44 p.m.[7] Boasberg resumed the hearing around 5:55 p.m., with Ensign saying that he still had no specific information about the Trump administration's plans.[13]

At 7:36 p.m., ten minutes after Boasberg's written order was published, a third deportation flight departed from Harlingen.[7] An Immigration and Customs Enforcement official later told the court that none of the deportees on this third flight were deported under the Alien Enemies Act.[7]

Later that evening, each of the three planes landed at Soto Cano air base in Comayagua, Honduras, and after a period of time, each left Honduras, landing in San Salvador, El Salvador, in the early hours of the morning of March 16.[7] Taken together, the three flights took over 260 migrants to El Salvador, where they were taken into custody at the Terrorism Confinement Center (CECOT).[13] President of El Salvador, Nayib Bukele, tweeted that 238 of the alleged gang members are associated with Tren de Aragua and 23 with MS-13.[15]

Duration of imprisonment

Bukele has said that the 238 men were transferred to CECOT for a one-year period that could be renewed.[16] and an internal memo from El Salvador's foreign ministry stated the country would house those it received from the US for one year, "pending the United State's decision on their long term disposition."[17]

The Associated Press reports that it's not clear when and how the deportees could ever be released, as they're not serving sentences. They haven't appeared before a judge in El Salvador and are no longer in ICE's online detainee locator.[18] El Salvador's prisons and CECOT in particular are deliberately harsh, and the country's Minister of Justice has previously said that those held at CECOT would never return to their communities.[19]

J.G.G. v Donald J. Trump

Main article: J.G.G. v. Trump
J.G.G. v. TRUMP
CourtUnited States District Court for the District of Columbia
StartedMarch 15, 2025 (2025-03-15)
Docket nos.1:25-cv-00766
Court membership
Judge sittingJames Emanuel Boasberg

J.G.G. v. Donald J. Trump is a class action and Habeas corpus lawsuit by 5 Venezuelan men that were in immigration custody threatened with imminent removal under the expected Proclamation of U.S. President Donald J. Trump invoking the Alien Enemies Act.[20]

Neither the US nor Salvadoran governments offered any details or evidence to support their claims that those deported had been charged with crimes or had connections to any gangs.[21] A source in the state department, who "requested anonymity, fearing retribution", said that the detainees may never go to trial and could die in prison.[22]

Axios reported one Trump administration official acknowledging that the Trump administration had carried out the deportations "after a discussion about how far the judge's ruling can go under the circumstances and over international waters and, on advice of counsel", while a second Trump administration official commented: "They were already outside of US airspace. We believe the order [by the judge] is not applicable".[23] Later, White House Press Secretary Karoline Leavitt stated that Boasberg's order "had no lawful basis" and was given after the accused "had already been removed from U.S. territory", while further stating: "A single judge in a single city cannot direct the movements of an aircraft carrier".[23]

In a March 21 hearing, Judge Boasberg described this use of the Enemy Aliens Act as "incredibly troublesome and problematic",[24] adding that it appeared the administration anticipated the proclamation was problematic given that they had it "signed in the dark" of night.[25] In the court, ACLU lawyers argued that foreign nationals are entitled to due process under the U.S. Constitution.[24] The judge also expressed frustration with the government's lack of cooperation and stated "I will get to the bottom of whether they violated my order and who ordered this.”[26]

On March 24, Judge Boasberg denied the Trump administration's request to lift the blocking the Trump administration from deporting Venezuelan migrants with the invocation of the wartime powers. He ruled that those who have been deported under the Alien Enemies Act must be allowed to challenge their removal. [1] [2]

Alleged torture at CECOT

Human rights organizations have claimed that CECOT inmates suffer various kinds of abuse, sometimes including torture.[27] Princeton University law professor Rebecca Ingber and Scott Roehm, director of global policy and advocacy at the Center for Victims of Torture, write that because of the potential for torture, it may have been illegal to send the deportees there under US law.[28] Denying the government's motion to vacate his restraining order on March 23, Judge Boasberg cited the UN Convention against Torture and US law implementing it as an "obstacle" to deporting migrants for incarceration at CECOT due to the "likelihood of potential torture" there.[29][30]

Criminalization of asylum

Human rights organizations have raised concerns about the misuse of visual or cultural stereotypes as justification for deportations, often carried out before scheduled court hearings or pending legal decisions. This practice has been criticized for undermining the principles of international law and fundamental rights to legal defense and asylum. One of the most notable of the purported cases is that of Jerce Reyes Barrios,[31] a 36-year-old Venezuelan footballer who was deported to El Salvador by the Trump administration due to his alleged association with the Tren de Aragua. Reyes Barrios had legally entered the United States in 2024 and applied for asylum after allegedly fleeing torture in Venezuela.[32][33] He was scheduled to appear in court in April but was removed from the country without prior notice.[32]

Alleged use of ordinary tattoos as evidence

The United States government has labeled migrants sent to Guantánamo as members of the Tren de Aragua, primarily based on tattoos believed to be associated with the gang, such as crowns, flowers, phrases like "real hasta la muerte," a crown on a soccer ball, an eyeball that "looked cool" and the silhouette of Michael Jordan.[34] However, defense attorneys argue that the arrests have been made without concrete evidence, and former Venezuelan officials deny that the gang used any specific tattoo symbolism.[34][35]

Linette Tobin, lawyer for the detained Jerce Reyes Barrios stated that there is no evidence linking him to the criminal organization, that the Department of Homeland Security's (DHS) only basis for such a link consisted of a tattoo resembling Real Madrid symbols and a photograph in which he made a sign language gesture, and that his whereabouts have remained unknown since his deportation on March 15.[32][34]

According to a report by Mother Jones, one detainee had been asked by an ICE agent if he knew why he was there, and when he said he did not, the agent replied that he was there because of his tattoos - and that ICE was finding and questioning anyone who has tattoos.[36]

Deportees

According to Time Magazine, on intake the prisoners were physically bludgeoned and had their heads forcibly shaved. One of them sobbed and protested that "I'm not a gang member. I'm gay; I'm a barber".[37] A propaganda video shared by Bukele on X shows the men being dragged and having their heads shaved.[38] Juanita Goebertus Estrada, the director of the Americas division of Human Rights Watch described such videos as designed to "humiliate and try to dehumanize the people who are detained there".[39]

Eight women and one Nicaraguan man were on the deportation flights. They were not accepted by the El Salvadoran government and returned to the US. [40] According to some of these women, all of the detainees were arm and leg shackled for the entire flight including a several hour stopover to refuel. They also allege detainees were threatened by government officials who were pushing them to sign documents stating they were gang members.[40]

Some of the deported signed voluntary deportation agreements thinking they would be deported to Venezuela and could in theory later reapply to return to the US, but were instead sent to CECOT.[41][42]

Lawyers for the accused claim that their clients are not gang members and were deported for everyday tattoos including a crown over a soccer ball and flowers.[43][44] In a court filing, the administration stated that "many" of those who had been deported do not have criminal records in the US.[45]

Jerce Reyes Barrios

Jerce Reyes Barrios was a 35-year-old Venezuelan and former professional soccer player. He was among those deported to the maximum security prison in El Salvador. Barrios came to the US legally seeking asylum after he was arrested and tortured by the Maduro regime.[46]

According to a court filing by Barrios' lawyer, ICE evaluated Barrios as a gang member based on his Real Madrid tattoo and a hand gesture from social media.[47]

"E.M."

A man Miami Herald identified as "E.M." and his girlfriend fled persecution to Colombia. They were granted refugee status in the U.S., but upon arrival in Houston on January 8 he was detained on suspicion of being a Tren de Aragua member over his tattoos of a crown, a soccer ball and a palm tree, while she opted to be deported to Colombia rather than face months of imprisonment. He was held until March 15, when he was deported to El Salvador and imprisoned in CECOT.[48]

The Miami Herald reports that having refugee status, he was a legal immigrant, and the screening process had established he had no criminal record in Venezuela or Colombia and had U.S. officials review his tattoos without issue. The newspaper noted that law enforcement in Texas has used tattoos as a way to identify suspected members of Tren de Aragua, while experts have said that unlike many gangs, TdA members don't have specific, identifiable tattoos.[48]

E.M.'s family were not informed he had been deported. Seeing his alien registration number disappear from the online immigration system, they tried fruitlessly to contact ICE for information until learning of his fate from the list of Venezuelans sent to El Salvador that was published by CBS News.[48]

The newspaper added that another man with refugee status had been deported to El Salvador, but his family had chosen to remain anonymous for his safety.[48]

Andres Guillermo Morales

Morales is a dual Colombian-Venezuelan citizen. Reuters independently confirmed that he had a legal work permit in the United States as a part of his asylum application, and he worked for an air-conditioning and cement company. Reuters also confirmed that he has no criminal record in Colombia. His wife stated that none of his tattoos were connected to gang activity but instead depicted his parents' names, a clock, a star with music notes, and a Bible verse.

Morales signed a deportation order for Colombia and was told by Colombia's consulate in San Francisco that he would be deported to Bogota, Colombia. However, he was instead deported to the maximum security prison in El Salvador.[49]

Javier Garcia Casique

Casique is a barber who, according to his mother, arrived in the US in December 2023 seeking asylum. She recognized him from photos of the people being deported, denied he's a gang member, and said his tattoos said "peace" and the names of family members.[50]

Andrys

Andrys is a 31-year-old make up artist. According to his laywer, Andrys, who is gay, arrived in the U.S. seeking asylum, and his tattoos were what you "would see on anybody at a coffee shop". His family believed his was being deported to Venezuela but he was instead sent to CECOT.[51][52][53]

Jose Franco Caraballo Tiapa

Caraballo is a barber who came to the US illegally[54] with his wife by not crossing the border at a prescribed point of entry.[55] Claiming asylum, they were released and ordered to check in regularly with ICE during the process of seeking asylum in the United States. Caraballo's first court appearance was scheduled to be before an immigration judge on March 19;[56] however, he was detained at a routine check-in on February 3. According to his lawyer, an ICE agent had noticed a tattoo of a clock on his arm, showing the time of his daughter's birth. WLRN writes that this is a popular style of tattoo in Venezuela, but one US authorities identify as a favorite of Tren de Aragua. WLRN goes on to note that according to court records it had reviewed, ICE agents, apparently solely on that basis, accused Caraballo of being a TdA member.[55] He was deported to the maximum security prison in El Salvador on March 15. His wife[56] and lawyer[55] were not informed why his name had vanished from ICE's online detainee locator. Caraballo does not have a criminal record in Venezuela.[56] According to his wife, while there he had taken part in marches against the Venezuelan government that were led by Venezuelan opposition leader María Corina Machado, and in 2019 was held in two days and beaten while in custody.[55]

Jhon Chacin

Jhon Chacin is a tattoo artist. His application for asylum was denied and he signed an agreement to be deported back to Venezuela. His flight home was postponed due to bad weather. Then his brother recognized him in a video from the El Salvador deportations. [57]

International relations

El Salvador

See also: El Salvador–United States relations

The United States agree to pay El Salvador US$6 million to imprison 300 alleged members of the Venezuelan Tren de Aragua gang. El Salvador's Foreign Ministry confirmed that there was a 1 year agreement with the possibility to extend it long-term. [58]

President of El Salvador, Nayib Bukele responded to the Judge Boasberg's temporary restraining order with "Oopsie…too late" and a crying-with-laughter emoji in a post on X.[59] Some Trump administration officials joined in on what Salon described as "mocking" the judge's order. Secretary of State Marco Rubio reposted Bukele's message,[60] as did White House communications director Steven Cheung, who added a clip of smiling actor Denzel Washington saying "Boom!"[61]

As part of the deportation flights the US dropped charges against a key alleged MS-13 leader. According to court documents and former US officials he may have information which could implicate top Salvadoran government officials. A former federal agent who spent years working on gang cases including MS-13 described it as a "historical loss" and said “He was a potential high-level source. And he doesn’t get to face US justice.”[62]

According to documents obtained by the AP, El Salvador would receive $20,000 per detainee, totaling around $6 million paid by the United States, with the possibility of additional payments of up to $15 million. Bukele stated that the payments would contribute to the self-sufficiency of the prison system, whose annual cost reaches $200 million, and highlighted prison labor as part of the "Zero Idleness" program.[63] The agreement was signed between Bukele and U.S. Secretary of State Marco Rubio during an official visit to Central America, being described as "unprecedented" and even involving the reception of American citizens. Experts point out that the agreement strengthens political ties between Bukele and Donald Trump, who publicly praised him, and provides diplomatic benefits to the Salvadoran government, such as the U.S. silence in the face of human rights violation accusations under El Salvador’s prolonged state of emergency. Organizations like Human Rights Watch report that the deportees are being sent to a prison system accused of torture, deaths in custody, and arbitrary detentions, portraying the Cecot as a "Guantánamo of Central America."[63]

Venezuela

See also: United States–Venezuela relations and El Salvador–Venezuela relations

The Venezuelan government, led by Nicolás Maduro, called the transfers a "kidnapping" and denied any links between the deportees and the gang.[64][35] Jorge Rodríguez, Maduro's chief negotiator with the U.S., stated that, "Migrating is not a crime and we will not rest until we achieve the return of all those who require it and until we rescue our brothers kidnapped in El Salvador."[65] Venezuelan Interior Minister Diosdado Cabello stated on a podcast that "not a single [deportee] appears on the organizational chart of the now-extinct Tren de Aragua organization".[66]

On March 24, 2025, Venezuelan government lawyers filed habeas corpus petitions in El Salvador's Supreme Court for the detainees.[67]

Reactions

Some Japanese Americans have expressed concern about the Alien Enemies Act being used again as during the WWII internment many innocent people were detained and there was no oversight.[68]

The Brennan Center for Justice said in a statement that "The Alien Enemies Act may be used only during declared wars or armed attacks on the United States by foreign governments" and "The president has falsely proclaimed an invasion".[69]

Affected families

Some family members of deportees were able to identify their loved ones through media released by El Salvador, but the US has not provided a list of names, evidence of crimes, or evidence of affiliation to Tren de Aragua to families or the media, with White House Press Secretary Karoline Leavitt stating that she was "not going to reveal operational details about a counterterrorism operation."[41] On March 20, CBS News published 238 names from an internal government document that it had obtained.[70] Parents have disputed gang affiliation claims made by the US and Salvadorean governments, asserting that their children did not have a criminal record, with one parent even providing an official Venezuelan document stating that her son has no criminal record. The families have said they have not heard from their loved ones since their deportation and subsequent detention.[41]

See also

References

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  64. ^ "Los tatuajes, una de las "pruebas" con las que Trump acusa a migrantes de ser miembros del Tren de Aragua". El Colombiano (in European Spanish). March 21, 2025. Retrieved March 22, 2025.
  65. ^ "Venezuela to resume repatriation of migrants after deal with US, official says". AP News. Associated Press. March 22, 2025. Retrieved March 25, 2025.
  66. ^ Sequera, Vivian (March 21, 2025). "Venezuela minister says no Tren de Aragua members among US deportees". Reuters. Retrieved March 23, 2025.
  67. ^ Alemán, Marcos (March 24, 2025). "Venezuela-hired lawyers file petition in El Salvador aimed at freeing Venezuelans deported by US". AP News. Associated Press.
  68. ^ "'Very dangerous': Japanese Americans warn of Trump's use of Alien Enemies Act". Washington Post. Retrieved March 21, 2025.
  69. ^ "The Alien Enemies Act: What to know about a 1798 law that Trump has invoked for deportations". AP News.
  70. ^ Montoya-Galvez, Camilo; Hanflig, Annabelle (March 20, 2025). "Here are the names of the Venezuelans deported by the U.S. to El Salvador". CBS News. Retrieved March 24, 2025.
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