This weekend, President Trump made a controversial move by invoking an old law known as the Alien Enemies Act of 1798. This law gives the president broad powers to deport individuals deemed threats to national security. Although a federal judge blocked the administration from using this law for immediate deportations, a plane still landed in El Salvador carrying hundreds of deportees from the U.S.
Secretary of State Marco Rubio announced that the U.S. had deported nearly 300 people, claiming they were members of dangerous gangs like MS-13 and Tren de Aragua. El Salvador’s President Nayib Bukele confirmed this, sharing a video of the deportees arriving in handcuffs. He stated that these individuals would be held in prison for a year.
Trump’s press secretary, Karoline Leavitt, defended the president’s actions, stating that these alleged gang members would be safer behind bars in El Salvador than living freely in American communities. However, it’s important to note that these individuals did not receive the usual legal hearings before their deportation, raising questions about due process.
The situation is further complicated by the federal judge’s order blocking the use of the Alien Enemies Act. El Salvador’s president humorously reacted to the news of the judge’s ruling by posting, "oopsie, too late," along with a laughing emoji, suggesting that the deportation had already taken place despite the legal setback.
The American Civil Liberties Union (ACLU), which initially sued the Trump administration over the use of this law, argues that the U.S. is not at war and therefore cannot invoke this act. They emphasize that the law should only apply during wartime and that Congress intended it for use against foreign nations, not against individuals within the country.
The ACLU also questions whether those deported are truly gang members and highlights that they were not given a chance to prove their innocence. The Salvadoran government has stated that they do not have detailed records on the deportees.
Moving forward, the ACLU is awaiting more information from the government about the timing of the deportations. A court hearing is scheduled for March 21. Meanwhile, the deported individuals will spend the next year in El Salvador’s Terrorism Confinement Center, with their future in the hands of President Bukele, as U.S. courts have no jurisdiction over actions taken in another country.