March 2025 Venezuelan Deportations

In March 2025, the United States deported 137 Venezuelans to El Salvador, to be immediately and indefinitely imprisoned without trial and without prison sentences nor release dates. They were detained at the notorious maximum security Terrorism Confinement Center (CECOT), a prison with human rights concerns, as part of an agreement to jail U.S. deportees there in exchange for money. They were not given due process such as fair trials, and thus have no orders or sentencing for either the deportations themselves or the imprisonment immediately on arrival. Many deportees have no criminal charges, records, nor convictions in either country. The second Trump administration alleges that the deportees are gang members, but often without any solid evidence, and consequently, innocent individuals have been deported and imprisoned without any fixed term, including instances in which the deportation itself was admitted to be a mistake. The administration is doubling down on its actions and refuses to acknowledge or rectify any issues. Although the deportations themselves were well-publicized afterward, the U.S. did not publish the Venezuelans' names, nor did it acknowledge the fate and whereabouts of individuals to the public, their families, or their legal representation. Their names were later leaked by CBS News.

The legal justification for their deportation was the Alien Enemies Act of 1798, which gives the president wartime authority to summarily arrest and deport citizens of a nation that is in a declared war with the U.S., or which perpetrates, attempts, or threatens an "invasion or predatory incursion." U.S. president Donald Trump invoked the act on the basis that the Venezuelan criminal gang Tren de Aragua was invading the United States at the behest of the Venezuelan government. He ordered accused members of Tren de Aragua removed with expediency that did not leave time to defend against the accusations that they were gang members.

The deportees arrived in El Salvador after the judge in a class action lawsuit, '' J.G.G. v. Trump'', had issued a temporary restraining order pausing deportations under the act and ordered any such flights to be stopped or turned around. The flights did not stop, setting up a confrontation between the Trump administration and the courts. They were transferred to CECOT by bus immediately when they arrived at El Salvador International Airport.

James Boasberg, chief judge of the United States District Court for the District of Columbia, ruled on March 24 that the government cannot deport anyone under the Alien Enemies Act without notice and a hearing. The D.C. Court of Appeals upheld the block on the act, and the Trump administration filed an emergency appeal with the Supreme Court of the United States, asking it to vacate Boasberg's order and to immediately allow the administration to resume deportations under the Alien Enemies Act while it considered the request to vacate. On April 8, 2024, following the emergency appeal, the Supreme Court ruled per curiam that Boasberg was without jurisdiction to issue his order, thus the order was a nullity.

The 137 Venezuelans are only some of the people the U.S. has jailed at CECOT. The same flights also carried 101 Venezuelans deported under regular immigration law, whose names CBS also published, as well as 23 Salvadorans accused of membership in MS-13, including Kilmar Armando Abrego Garcia, who was deported by mistake. At the end of March the administration sent 17 more Venezuelan alleged members of Tren de Aragua and MS-13 to the prison. The government declined to comment on whether this was under the Alien Enemies Act in defiance of the court order, or through standard immigration processes. Trump supports incarcerating American citizens in El Salvador if the law allows, and has said he would discuss the possibility with the president of El Salvador. The 238 Venezuelans and 23 Salvadorans included at least one man who was then claimed by El Salvador to be Nicaraguan.

On April 19, 2025, the Supreme Court temporarily halted deportations of Venezuelans from a district in northern Texas via an emergency temporary restraining order, and on May 16, it granted an injunction, continuing the temporary pause while court proceedings continued.

Background

Tren de Aragua

In the United States, President Donald Trump incorporated the Tren de Aragua into his political discourse by comparing it to terrorist organizations such as Al Qaeda, using its alleged presence as justification to tighten immigration policies, including invoking the Alien Enemies Act of 1798, a wartime law historically applied in contexts of armed conflict. This legislation enabled the deportation of Venezuelans without due legal process, under the argument that they posed a terrorist threat, ever U.S. intelligence reports ruling out that the group operated under Venezuelan state control or possessed a coordinated structure within the country. Simultaneously, Nicolás Maduro's government has been accused of replicating tactics similar to those employed by Fidel Castro during the 1980 Mariel boatlift, when the Cuban regime allowed the mass departure of citizens, including a significant number of common prisoners and others deemed undesirable, as a form of pressure on the United States. In a comparable manner, the Venezuelan diaspora has been used as a conduit for the outflow of criminal elements, disguised among migrants fleeing the ongoing humanitarian crisis, thus enabling the expansion of networks like the Tren de Aragua in other countries. The 2023 raid on the Tocorón Penitentiary Center, considered the group's headquarters, took place only after years of inaction despite repeated reports of crimes committed by the faction in neighboring nations. Experts such as Keymer Ávila have pointed out that both Trump's narrative and the Venezuelan government's omissions reflect political motivations, the U.S. constructs a useful enemy to justify punitive measures, in Venezuela, state repression and structural crisis have forced millions to migrate, many of whom are later stigmatized as criminals without evidence. This situation allows authoritarian or populist governments to divert public attention, bolster internal security agendas for propagandistic purposes, and justify the exclusion of vulnerable sectors under the guise of combating organized crime.

Alien Enemies Act

The Alien Enemies Act is one of the four Alien and Sedition Acts. Trump's invocation of the act was only its fourth use in history, and the first peacetime use of the otherwise wartime Act. It was previously used after Congressional declarations of war in the War of 1812, World War I and World War II. The Alien Enemies Act is most infamously known as the legal basis for the internment of German Americans during both world wars, and the internment of Italian Americans and, to a lesser extent, Japanese Americans during World War II.

Trump administration deportation policy

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.

After Trump's presidential inauguration, he signed an executive order designating gangs such as Tren de Aragua and MS-13 as foreign terrorist organizations as part of his plan to target them using the Alien Enemies Act. Salvadoran president Nayib Bukele offered to help the Trump administration imprison criminals at CECOT, whether they be U.S. citizens or foreign nationals.

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 Federal Bureau of Investigation (FBI) dissented, maintaining the gang has a connection to Venezuelan president Nicolás Maduro's administration based on information the other agencies rejected. A more comprehensive National Intelligence Council assessment in March stated repeatedly that the Venezuelan government did not coordinate or support Tren de Aragua. It found minimal contact between some gang members and low-level members of the government, but had a consensus that there was no coordination or directive role between the government or the gang. Of the 18 organizations, the FBI again disagreed. Director of national intelligence Tulsi Gabbard blamed the report on malicious actors within the government and subsequently fired the top two officials of the National Intelligence Council. ''The Washington Post'' described this as her latest effort to say she fights politicization of the intelligence community while doing the opposite.

Statements by the Secretary of Homeland Security

Homeland Security Secretary Kristi Noem stated that the migrants sent to the Terrorism Confinement Center (CECOT) should remain there "for the rest of their lives," highlighting collaboration with Bukele to expand the prison's capacity, which currently houses 14,000 inmates and has room for 40,000. Noem also visited CECOT and warned that illegal immigrants who commit crimes in the United States could end up in that prison. However, human rights organizations such as Cristosal have said that many of the deportees have no criminal records and were identified as gang members solely based on tattoos. Additionally, it was reported that the migrants are being held incommunicado, with no access to their families or lawyers, and that neither the U.S. nor Salvadoran governments have provided complete lists of the detainees or information about their current status. Cristosal also warned that these actions could constitute enforced disappearances and violations of international human rights law.

Low crime rates and high education among Venezuelan immigrants

Data from the United States Sentencing Commission for the 2023 fiscal year shows that Venezuelans are not among the groups with the highest number of criminal convictions, with the majority involving citizens from Mexico, Honduras, Guatemala, the Dominican Republic, and El Salvador. Venezuelan migration has grown significantly in recent decades due to the South American country's political and economic crisis, with the Venezuelan population in the United States increasing from 33,000 people in 1980 to 770,000 in 2023, although they still represent less than 2% of the nearly 48 million immigrants in the United States. Most Venezuelans migrated after 2010 and are primarily concentrated in Florida—particularly in Miami-Dade, Broward, and Orange counties—as well as in Harris County, Texas. This population is characterized by its youth—with an average age of 39—and high educational attainment: in 2023, 48% of Venezuelans aged 25 or older held a university degree or higher, surpassing both the U.S. average and that of other migrant communities. In labor terms, 75% of Venezuelans aged 16 and older were active in the workforce, although their earnings were below the general average. Regarding immigration status, around 486,000 Venezuelans were unauthorized to live legally in the country as of 2023, ranking fifth among the largest unauthorized migrant groups. By January 2025, 607,000 Venezuelans were protected under Temporary Protected Status (TPS), and another 117,000 had entered through humanitarian parole, with many holding dual statuses alongside pending asylum applications.

Due process

The Fifth Amendment to the United States Constitution states that "no person" shall "be deprived of life, liberty, or property, without due process of law." Due process requires upholding the rights and legal protections set in law. Under U.S. immigration law, this includes opportunities to see a judge and request asylum, though CNN, citing immigration attorneys, noted that people in immigration court face a lower standard of due process in practice.

When the president takes on wartime power, the situation changes. Those subject to his declaration lose protections of immigration and criminal law, and are instead processed as alien enemies under America's wartime laws. They're eligible to be summarily arrested, detained, and deported without going through normal immigration proceedings, and cannot claim asylum. The Associated Press wrote Trump's invocation of the act "could allow him to deport any noncitizen he says is associated with the gang, without offering proof or even publicly identifying them." The process does not allow for a hearing, which NPR noted leaves no time to contest the government's claims that deportees are members of a criminal gang, and ''The Hill'' described as sparking fears it would lead to widespread deportations without connection to the gang.

Lee Gelernt, the ACLU's lead counsel on ''J.G.G. v. Trump'', told NPR that "these individuals did not get a hearing to show they're not members of a gang," while CNN quoted Nayna Gupta, policy director of the American Immigration Council, as saying that "flimsy evidence paired with no meaningful opportunity to refute that evidence in any kind of proceeding before any kind of decision-maker" distinguished the case. Lindsay Toczylowski, lawyer with the Immigrant Defenders Law Center nonprofit, said the administration hadn't done the work to understand who they were sending to El Salvador. She pointed to her client, who applied for asylum, came under suspicion for his tattoos, and was sent to CECOT without his lawyers having a chance to counter the claims at a court hearing.

White House Border Czar Tom Homan, asked on ABC's ''This Week about whether deportees who denied being members of the gang got a chance to prove it before being sent to a Salvadoran prison and if "they have any due process at all," replied: "Due process? What was Laken Riley's due process? What were all these young women that were killed and raped by members of TdA, what was their due process?" Laken Riley was a Georgia nursing student who was murdered by an illegal immigrant. Trump and conservative media routinely refer to her murderer as a member of Tren de Aragua. The police or prosecutors on her case have not.

Timeline

On Friday, March 14, 2025, Trump signed presidential proclamation 10903, invoking the Alien Enemies Act, asserting that Tren de Aragua, a criminal organization from Venezuela, had invaded the United States, and directing the Department of Homeland Security and Justice Department "apprehend, restrain, secure, and remove every Venezuelan migrant, 14 or older, deemed to be part of Tren de Aragua and lacking U.S. citizenship or permanent residency."

The White House did not announce at the time that the proclamation has been signed. However, media were reporting that Trump was planning to invoke the Alien Enemies Act against Tren de Aragua, so that afternoon the American Civil Liberties Union (ACLU) started working on a class action lawsuit to prevent anyone's deportation until the case was heard in court, and they contacted immigration lawyers to identify possible plaintiffs, finding five Venezuelan men with cases before the immigration court, all of whom had been transferred to a Texas detention facility.

Very early on Saturday, March 15, the ACLU and Democracy Forward filed their class action suit in the District Court for the District of Columbia on behalf of the five men, using affidavits from their immigration attorneys because the men themselves could not be reached. They were still unaware that Trump had already signed the proclamation. The suit was assigned to judge James Boasberg. That morning, noting the exigent circumstances, he approved a temporary restraining order for the five plaintiffs, and he ordered a 5p.m. hearing to determine whether he would certify the class in the class action. The government intended to starting deport men alleged to be Tren de Aragua members that same day and had started bringing Venezuelans to the airport that morning. All five of the plaintiffs were already at the airport, and four were aboard a plane, but were taken off the plane in light of Boasberg's order.

Other men continued to be transported to the airport. In the mid-afternoon, detainees were taken from El Valle detention center in Raymondville, Texas, to buses. Subsequently, the White House announced that Trump had invoked the Alien Enemies Act, posting a copy of the proclamation to its website.

At 5p.m., Boasberg began the court hearing to determine whether to certify the class and grant a temporary restraining order for the class. 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. Boasberg gave Ensign around 40 minutes to find out, pausing the hearing at 5:22p.m. Meanwhile, at Harlingen, Texas, two planes with Venezuelan deportees took off, one at 5:26p.m. and the other at 5:44p.m. Boasberg resumed the hearing around 5:55p.m., with Ensign saying that he still had no specific information about the Trump administration's plans.

At 7:36 p.m., ten minutes after Boasberg's written order was published, a third deportation flight departed from Harlingen. The three flights carried 137 Venezuelans deported under the Act, 101 deported under regular immigration law, and 23 Salvadorans accused of membership in the MS-13 gang, 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.

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. Taken together, the three flights took over 260 migrants to El Salvador, where they were taken into custody at the Terrorism Confinement Center. Bukele, tweeted that 238 of the alleged gang members are associated with Tren de Aragua and 23 with MS-13.

The following morning, Bukele responded to the Boasberg's temporary restraining order with "Oopsie...too late" and a crying-with-laughter emoji in a post on X. Some Trump administration officials joined in on what ''Salon'' described as "mocking" the judge's order. Secretary of State Marco Rubio recirculated ( reposted) Bukele's message, as did White House communications director Steven Cheung, who added a clip of smiling actor Denzel Washington saying "Boom!" Elon Musk replied to Bukele with another such emoji.

On March 31, the government deported more Venezuelans to CECOT. State Department spokesperson Tammy Bruce declined to comment when asked what authorization they were using to make these deportations.

Deportees' names withheld

The United States 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." This set off what the Associated Press described as a "scramble" as families tried to learn what had happened to loved ones who had been removed from ICE's online detainee locator. Some were able to identify them through media released by El Salvador. Families have not heard from their relatives since their deportation and subsequent detention.

The names of the 238 Venezuelans were published by CBS News on March 20 from an internal government document that it had obtained.

Duration of imprisonment

The 238 Venezuelans' stay in CECOT is open-ended. Bukele has said that they were transferred to CECOT for a one-year period that could be renewed, 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 States' decision on their long term disposition."

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

Terrorism Confinement Center

Paula Xinis, judge of the lawsuit contesting Abrego Garcia's deportation to the Terrorism Confinement Center, described it as "one of the most notoriously inhumane and dangerous prisons in the world" that "by design, deprives its detainees of adequate food, water, and shelter" and "fosters routine violence".

The Terrorism Confinement Center was built during El Salvador's ongoing crackdown on gang violence and some basic rights, and is the centerpiece of the effort. Social media influencers and foreign journalists have been invited to document the harshness of its conditions to promote the clampdown, and it's a darling of Latin American politicians seeking to burnish their "tough on crime" image.

Conditions

Prisoners are held in large cement cells that the Associated Press reports can house 65 to 70 each, though in governmental "slickly produced videos" the cells lack enough bunks for everyone; the BBC points out that with severely restricted access and journalists only allowed on occasional, carefully choreographed tours, the number of inmates per cell is not clear, with some rights groups putting it at 80, others saying it can go up to more than 150. Asked by the BBC about maximum capacity, CECOT's director responded "where you can fit 10 people, you can fit 20." The cells are furnished with four-story bunks of bare metal without mattresses or sheets, two toilets, two sinks, and two Bibles. The cells are artificially lit 24 hours a day and the temperature can reach 35 °C in the day.

Prisoners are allowed to leave their cells for 30 minutes a day for group exercise in a corridor. There are no visits, workshops, or prison educational programs, and prisoners are not allowed outside. The food, which journalist Liam Bartlett stated is the same each day, is served without utensils, to keep them from being fashioned into weapons. Occasionally, prisoners who have gained a level of trust give motivational talks. No external institutions or NGOs are allowed access, and the Latin America Working Group notes prisoners have no access to a lawyer.

El Salvador's Minister of Justice has said those held at CECOT would never return to their communities, and the BBC in 2024 cited Miguel Sarre, formerly of the United Nations Subcommittee for the Prevention of Torture, as warning that CECOT appeared to be used "to dispose of people without formally applying the death penalty," referring to the fact that no-one had so far been released from the jail. , which the BBC described as El Salvador's primary human rights organization, has documented torture and more than 150 deaths in custody in the country during the State of Emergency. Amnesty International accused Salvadoran authorities of "a systematic policy of torture towards all those detained under the state of emergency on suspicion of being gang members," leading to deaths in custody, while other prisoners have died due to inhumane conditions and denial of medical care and medicine. John Raphling of Human Rights Watch spoke of being "incredibly overcrowded," with "severe brutality, even amounting to torture under international human rights law definitions, and people being held out of communication with anyone on the outside."

Proposals to incarcerate American citizens

As part of the agreement with America to house people of any nationality in CECOT, Bukele offered to take in convicted criminals serving their sentence in the United States who were U.S. citizens or legal residents. He confirmed the statement on X, saying he offered USA "the opportunity to outsource part of its prison system." The U.S. government cannot deport American citizens, and Secretary of State Rubio said that "Obviously we'll have to study it on our end. There are obviously legalities involved. We have a Constitution, we have all sorts of things" while calling it "a very generous offer," noting "No one's ever made an offer like that" and that it would cost a fraction of imprisoning criminals in the U.S. He said that "obviously the administration will have to make a decision."

Trump said he was looking into whether he could move forward with the offer, telling reporters "I'm just saying if we had a legal right to do it, I would do it in a heartbeat" and "I don't know if we do or not, we're looking at that right now." Asked about subsidizing incarcerating American criminals in other countries, Trump said it would be a "small fee compared to what we pay to private prisons," that several countries had already agreed to host American prisoners, and that "It's no different than a prison system except it would be less expensive and it would be a great deterrent." Elon Musk called the proposal a "Great idea!!" on X. Rubio in his remarks specified that this would apply to dangerous criminals; ''Politico'' noted that meanwhile, Bukele said on X that El Salvador would gladly take U.S. ex-senator Bob Menendez, who was serving a 11-year prison sentence for bribery but who was not a violent criminal.

Trump later suggested on Truth Social that the "sick terrorist thugs" responsible for the recent vandalism of Tesla property could be sent to Salvadoran prisons, "which have become so recently famous for such lovely conditions." ''Politico'' cited Insha Rahman, vice president of advocacy in the Vera Institute of Justice, as saying there's no precedent to send U.S. citizens outside the country to serve sentences in other countries; "It is so beyond the pale of anything contemplated by the Constitution or due process or the criminal courts." Lauren-Brooke Eisen, the senior director of the justice program at the Brennan Center for Justice, told ''Politico'' in a statement that the Eighth Amendment to the U.S. Constitution prohibits cruel and unusual punishments such as excessive sentences or inhumane prison conditions, and that deporting Americans would be illegal under the First Step Act, which requires the federal government to send those convicted of federal crimes to "a facility as close as practicable to the prisoner's primary residence, and to the extent practicable, in a facility within 500 driving miles of that residence." Trump further told reporters that he would discuss sending Americans to El Salvador's prisons during Bukele's White House visit,. He gave his stance as "I love it" and that he would be honored, but that he'd have to see what the law says, "but I can't imagine the law would say anything different... If they can house these horrible criminals for a lot less money than it costs us, I'm all for it."

The BBC noted that while U.S. citizens enjoy legal protection from deportation, it is possible for naturalized citizens to be denaturalized. This tends to happen when the citizenship was fraudulently obtained, but citizens suspected of ties to criminal gangs or terrorist organizations, such as Tren de Aragua or MS-13, could, in theory, be stripped of citizenship. They would then be at risk of deportation, although such a move would need a formal court process. Born U.S. citizens could not be denaturalized.

Legal issues

''J.G.G. v Donald J. Trump''

''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 Trump's expected proclamation invoking the Alien Enemies Act.

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. A ''60 Minutes'' investigation failed to find any U.S. or foreign criminal charges against 179 of those deported, only finding serious criminal charges against about a dozen.

''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 y the judgeis not applicable". 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". Whistleblower and former DOJ attorney, Erez Reuveni later alleged that Trump administration officials including Emil Bove had deliberately misled the court, withheld information from it and advised agencies the court's orders did not have to be followed.

In a March 21 hearing, Boasberg described this use of the Enemy Aliens Act as "incredibly troublesome and problematic", adding that it appeared the administration anticipated the proclamation was problematic given that they had it "signed in the dark" of night. In the court, ACLU lawyers argued that foreign nationals are entitled to due process under the U.S. Constitution. 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."

On March 24, 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.

On March 28, the Trump administration filed an emergency appeal with the U.S. Supreme Court. On April 7, the court vacated Boasberg's orders, ruling that the District of Columbia was the wrong jurisdiction for challenges to removal, as such challenges must be filed where a petitioner is detained.

Alleged torture at CECOT

Human rights organizations have claimed that CECOT inmates suffer various kinds of abuse, sometimes including torture. 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. Denying the government's motion to vacate his restraining order on March 23, Boasberg cited the UN Convention against Torture (CAT) and US law implementing it as an "obstacle" to deporting migrants for incarceration at CECOT due to the "likelihood of potential torture" there.

On March 28, U.S. district judge Brian E. Murphy ordered that no migrants be deported to a nation other than that covered in immigration proceedings without a "meaningful opportunity" to make a claim under CAT. Despite this order, on March 30 the US sent 17 migrants it alleged without providing evidence to be members of Tren de Aragua and MS-13 on US military planes to El Salvador to be confined at CECOT. Government whistleblower Erez Reuveni later alleged these deportations had been carried out in knowing violation of the court's order and that he had been instructed not to inquire or communicate in writing about these violations. On May 7, after reports the administration was preparing to deport members of the class covered by Murphy's order to countries such as Libya and Saudi Arabia, the judge issued a second order clarifying that those countries were included in his initial order.

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, 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. He was scheduled to appear in court in April but was removed from the country without prior notice.

Alien Enemy Validation Guide

In a court filing the ACLU shared what they believe to be a guide ICE uses in determining who is a member of Tren de Aragua. It's based on a point system where each item is worth 2-10 points. Anyone with 8 point is to be labeled as a gang member, but individuals with as few as 6 points can also be labeled as a gang member with a supervisor's authorization.

In one example given by ABC, "Communicating electronically with a known TdA member is worth six points" which seems it could be enough on its own to label someone as a gang member.

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. 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.

Andrés Antillano, a criminology professor who has studied the Tren de Aragua in his research at the Central University of Venezuela, said that although tattoos are common in Central American gangs, that was not the case for Tren de Aragua, and that trying to identify members using tattoos was "absurd" and "naïve". Ronna Rísquez, a Venezuelan journalist who has written a book on Tren de Aragua said "Tren de Aragua does not use any tattoos as a form of gang identification; no Venezuelan gang does."

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.

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.

According to the BBC, one of nine images the government has used for "detecting and identifying" Tren de Aragua gang members is a photo of the arm tattoo of a 44-year-old man in Ilkeston, England. He described himself as "I'm just an average middle-aged man from Derbyshire."

"Administrative Errors"

Kilmar Armando Abrego Garcia

Kilmar Armando Abrego Garcia, a Salvadoran with protected legal status in the United States, was mistakenly deported to El Salvador on March 15, 2025, an action the Trump administration admitted was an "administrative error" while also accusing him of being a member and leader of the MS-13 gang, a claim which Abrego Garcia disputes. Government attorney Erez Reuveni was fired after refusing to sign an appeal brief in Abrego Garcia's case that included assertions and arguments he believed to be untrue. Despite a court order prohibiting his removal due to the risk of persecution, he was detained by ICE and transferred to CECOT. His wife and their disabled son, both U.S. citizens, filed a lawsuit over the illegal deportation. The White House claimed to have intelligence linking him to human trafficking, while human rights groups and bipartisan lawmakers criticized the use of the Alien Enemies Act to justify deportations based on tattoos. The case sparked controversy amid a broader immigration crackdown that continued despite a partial judicial suspension. On April 4, District Court Judge Paula Xinis ordered the government to return Abrego to the U.S., calling his deportation "an illegal act." The U.S. government has argued it has no legal authority to return him. Abrego Garcia's legal team stated the administration has failed to make any attempt "to rectify what they themselves describe as an error." On May 7, Xinis revealed the administration had invoked the state secrets privilege in the case and set a hearing on the issue for May 16.

Jordin Melgar-Salmeron

On May 7, 2025, the administration deported Salvadoran Jordin Melgar-Salmeron to El Salvador's notorious Izalco prison after a panel of the Second Circuit Court of Appeals issued an order allowing him to remain in the US during the pendency of his immigration case. Melgar-Salmeron had asked for a stay of his deportation order so he could appeal an immigration judge's denial of his plea for relief under the Convention against Torture. Again, the administration blamed "a confluence of administrative errors," in this case missing and miscommunications between ICE offices in Buffalo and New Orleans, for deporting Melgar-Salmeron after it had assured the court he would not be deported before its scheduled ruling. Melgar-Salmeron, who claimed he had ended his previous affiliation with MS-13, was in immigration custody following a prison sentence for entering the US without permission and firearms possession. His attorney planned to ask the court to refer criminal contempt charges against those responsible for his client's deportation.

Deportees

According to ''Time'', 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". A propaganda video shared by Bukele on X shows the men being dragged and having their heads shaved. 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".

Eight women and one Nicaraguan man were on the deportation flights. They were not accepted by the Salvadoran government and returned to the US. 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, and that immigration agents repeatedly lied to the deportees, telling them that they were being taken to Venezuela.

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 they were instead sent to CECOT.

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. In a court filing, the administration stated that "many" of those who had been deported do not have criminal records in the US. A ''60 Minutes'' investigation found that 75% of the men had no criminal records, and most of the rest had records involving non-violent crimes like theft, though "about a dozen are accused of more serious crimes, including murder, rape, assault and kidnapping." A similar investigation from Bloomberg, focused on the 238 Venezuelans who were deported, found that approximately 90% had no criminal record, and that of the remaining men, several had only been charged with traffic or immigration violations.

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.

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.

"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. He was held until March 15, when he was deported to El Salvador and imprisoned in CECOT. E.M.'s family were not informed he had been deported. His alien registration number disappeared from the online immigration system, and they had no idea where he was until finding his name on a list published by CBS News.

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.

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.

Andry José Hernández Romero

In March 2025, the U.S. government deported Andry José Hernández Romero, a 31-year-old gay Venezuelan makeup artist seeking asylum, to CECOT after identifying him as a member of the criminal gang Tren de Aragua based on tattoos of crowns that are a religious tradition in his hometown of Capacho. Hernández Romero, who fled Venezuela due to persecution over his sexual orientation and political beliefs, had no criminal record. His deportation was carried out under the Alien Enemies Act of 1798, invoked by the Trump administration to expel alleged gang members without individual court hearings, a move later blocked by District Judge James Boasberg, who ruled the migrants were entitled to individualized hearings. Hernández Romero's detention in CECOT, a facility notorious for human rights abuses, drew criticism from human rights advocates and public figures including podcast host Joe Rogan, who condemned the situation as "horrific." The case has sparked broader concerns about the Trump administration's immigration policies and the deportation of individuals without criminal ties.

Romero is a 31-year-old make up artist. According to his lawyer, Romero, 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 he was being deported to Venezuela but he was instead sent to CECOT.

According to a December 2024 form, Hernandez's identification as a TdA member was solely based on two crown tattoos on his wrists next to the words "Mom" and "Dad". In April 2025, the ''Milwaukee Journal Sentinel'' reported that the CoreCivic private contractor who signed off on Hernandez's identification as member of the gang on behalf of ICE was a former police officer that Milwaukee County prosecutors had put on a list of police officers with credibility issues if they were to testify in court because of issues such as lying or lawbreaking. The officer was fired from the Milwaukee Police Department in 2012 after drunkenly crashing into a home while under investigation for alleged overtime fraud; he appealed but resigned, ending the process.

Jose Franco Caraballo Tiapa

Caraballo is a barber who came to the US illegally with his wife by not crossing the border at a prescribed point of entry. 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; 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. He was deported to the maximum security prison in El Salvador on March 15.
His wife and lawyer were not informed why his name had vanished from ICE's online detainee locator. Caraballo does not have a criminal record in Venezuela. 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.

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.

Merwil Gutiérrez

Merwil Gutiérrez was detained on February 24, 2025, abducted outside his home in the Bronx, NY. He has no criminal record in the US or Venezuela and no tattoos. He and other family members legally entered the US in 2023 using the CBP One system. He was granted Temporary Protected Status in 2023. They were living and working while waiting for their asylum hearing scheduled for February 2027. ICE did not respond to questions regarding his detention or his transfer, first to Texas and then to CECOT.

Ricardo Prada Vásquez

Ricardo Prada Vásquez entered the US November 29, 2024 under the Biden administration's CBP One program. He was working as a delivery driver in Detroit while awaiting disposition of his case. On January 15, 2025, he made a wrong turn which took him over the Ambassador Bridge into Canada. ICE detained him as he attempted to reenter the US. After failing to obtain legal representation, he was ordered deported and eventually transferred to an ICE facility in south Texas. On March 15, the day of the migrant flights to El Salvador, he called a friend to report that he might soon be deported to Venezuela.

Prada does not appear on lists of those deported to El Salvador on March 15 nor does he appear in videos from that day. ICE initially confirmed that he was deported but did not disclose where he was deported to. Neither immigrant advocacy organizations nor news media were able to confirm Prada's whereabouts. On April 22, following the publication of a ''New York Times'' story on Prada, Homeland Security spokeswoman Tricia McLaughlin told the paper that Prada was sent to El Salvador on March 15, and that the department had concluded that he was a member of the Tren de Aragua gang, but did not explain why his name was absent from official records of deportations. Immigration advocates and legal scholars raised concerns that the apparent confusion and disarray in the deportation system may mean more migrants had been deported to El Salvador or other countries than the administration had disclosed.

Daniel Lozano-Camargo

In December 2024, the Biden administration settled a class action lawsuit, ''J.O.P. v.'' ''Department of Homeland Security'', agreeing that individuals who had arrived in the U.S. as unaccompanied minors and later claimed asylum would not be deported until their asylum claims had been fully adjudicated. Daniel Lozano-Camargo, a member of the class, was among those deported to CECOT on March 15. He was 20 years old at the time of his deportation, but arrived in the US when he was 17, and is identified in court records as "Cristian". Lozano-Camargo was arrested twice for possession of cocaine and pleaded guilty to possession as part of a plea deal in January 2025, at which point he was transferred to ICE custody. His mother has said "They took him to El Salvador, as if they were animals, as if my son were a criminal, just for having tattoos on his body". He has several tattoos, including hands in prayer, the names of his girlfriend and grandmother, and a rose.

On April 23, U.S. District Judge Stephanie Gallagher, drawing on the Supreme Court ruling in the case of Salvadoran migrant Kilmar Abrego Garcia, ordered the administration to make "a good faith request to the government of El Salvador to release Cristian to U.S. custody for transport back to the United States to await the adjudication of his asylum application on the merits." The judge further ordered that a second class member, identified as "Javier" and also in U.S. custody, not be deported.

International relations

El Salvador

The United States agreed 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 one-year agreement with the possibility to extend it long-term. Individuals involved with the drafting and interpretation of the Leahy Law prohibiting the US Departments of State and Defense from funding foreign security force units that violate human rights have stated this agreement possibly violated the law. Congressional Democrats were seeking information about the agreement, while the administration claimed it was following applicable law.

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 had 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."

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. 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 CECOT as a "Guantánamo of Central America."

Venezuela

Maduro's government called the transfers a "kidnapping" and denied any links between the deportees and the gang. 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." Venezuelan Interior Minister Diosdado Cabello stated on a podcast that "not a single eporteeappears on the organizational chart of the now-extinct Tren de Aragua organization".

On March 24, 2025, Venezuelan government lawyers filed habeas corpus petitions in Supreme Court of Justice of El Salvador for the detainees. On April 21, Bukele proposed a "humanitarian agreement" to Venezuelan President Nicolás Maduro, offering to exchange the 252 detained Venezuelan migrants, allegedly linked to Tren de Aragua, for an equal number of people of various nationalities held by the Maduro government, alleged by Bukele to be political prisoners. The Venezuelan attorney general, Tarek William Saab, condemned Bukele's proposal, calling it cynical and demanding immediate information on the detained migrants' identities, legal status, and medical conditions.

Reactions

Because the Trump administration did not release a list of the names of the men who had been taken to CECOT, family members often discovered this after recognizing their Venezuelan relatives in videos that were released by Bukele; other times, they assume it because they cannot reach him and he no longer appears in the immigration database. Parents have disputed gang affiliation claims made by the US and Salvadoran 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.

Some Japanese Americans have expressed concern about the Alien Enemies Act being used again as, during internment in World War II, many innocent people were detained, and there was no oversight.

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".

Joe Rogan said "it's horrific" that innocent people can be wrongly labeled as gang members and sent to a maximum security prison in another country.

Malcolm Ferguson in ''The New Republic'', in response to the ''60 Minutes'' report where they could not find criminal records for 75% of the deported men, said that this "proves that the Trump administration is carrying out its cruelty campaign indiscriminately."

UN High Commissioner for Human Rights Volker Türk said that the deportation over recent months of large numbers of non-nationals from the USA, especially to countries other than those of their origin, raises a number of human rights concerns. “Families we have spoken to have expressed a sense of complete powerlessness in the face of what has happened and their pain at seeing their relatives labelled and handled as violent criminals, even terrorists, without any court judgment as to validity of what is claimed against them,” Türk said.

References

External links

''J.G.G v. Trump''
(1:25-cv-00766)
*
J.O.P. v. U.S. Department of Homeland Security
' (8:19-cv-01944)

List of names of Salvadoran deportees
by CBS News

{{Crisis in Venezuela

Venezuelan refugee crisis
Crisis in Venezuela
2025 in Texas
2025 in El Salvador
Alien and Sedition Acts
Anti-Venezuelan sentiment
March 2025 in the United States
March 2025 in North America
Second Trump administration controversies
El Salvador–United States relations
El Salvador–Venezuela relations
United States–Venezuela relations
Venezuelan diaspora in the United States
Abuse of the legal system
Deportation from the United States
Immigration policy of Donald Trump
Extrajudicial prisoners of the United States