The U.S. Embassy in El Salvador has ruled out deportations under the Alien Enemies Act of 1798 against the President’s order
The gang that President Trump is targeting in his latest wave of deportations has branched out into a worldwide crime organization that has carried out many attacks in countries such as New York City and Santiago, Chile.
The gang largely controlled the Tocorón prison, where it ran a zoo, swimming pool, disco, restaurant and bar. Its leaders from behind bars ordered murders and kidnappings.
On Saturday, President Trump declared that the Alien Enemies Act of 1798 was invoked against Tren de Aragua. The seldom-used law gives the president authority to detain or deport nationals of an enemy nation during wartime or invasion. It’s the first time since World War II that the act has been used.
The five men were supposed to be deported on Saturday but the judge agreed to block it. He expanded the order to anyone who was in the area of Trump’s declaration. Another hearing in the case is set for March 21.
Immigrant rights advocates fear that invoking the act would also open the door for targeting and deporting others, regardless of their status or criminal records.
The deportations to El Salvador also included two alleged leaders of the MS-13 gang, which wasn’t included in Saturday’s action, and 21 other members of the gang, according to posts from Secretary of State Marco Rubio and from El Salvadoran President Nayib Bukele.
Government lawyers on Sunday wrote that “some gang members subject to removal under the Proclamation had already been removed from United States territory” by the time of the judge’s order at 7:26 p.m. on Saturday, which sought to block immediate deportations. The court filing was signed by the top Justice Department leaders, including Attorney General Pam Bondi and Deputy Attorney General Todd Blanche.
There’s no know what jurisdiction U.S. courts have over the migrants. The White House didn’t immediately respond to a request for comment about the timing of when the planes landed, or whether any migrants could be returned to the U.S. in response to the court’s order.
MS-13 started in Los Angeles in the 1980s, but many of its members also operate in El Salvador and the Trump administration has also designated it as a foreign terrorist organization.
“Thanks to the great work of the Department of State, these heinous monsters were extracted and removed to El Salvador where they will no longer be able to pose any threat to the American People,” White House press secretary Karoline Leavitt said in a statement.
The Alien Enemies Act is Unconstitutional: The Case for a Terrorism Confinement Center in El Salvador
The administration’s use of the Alien Enemies Act is unconstitutional because Congress has the power to declare a state of war, according to Lee Gelernt, the lead counsel on the case.
“The Alien Enemies Act cannot be used during peace time for regular immigration enforcement,” Gelernt said. “Congress was very clear in the statute that it can only be used against a foreign government or foreign nation. It has never been used against a gang during peacetime in our country’s history.
Bukele, El Salvador’s president, posted a video on Sunday of what he said was 238 members of Tren de Aragua arriving in El Salvador. He said that they would be put in a Terrorism Confinement Center for a one year period.
In order to fight the gangs, El Salvadoran has used the “mega prison” to hold gang members even though they have no evidence to support their claims.
“Thank you for your assistance and friendship, President Bukele,” Rubio said on social media on Sunday. The people deported from El Salvador will be held in their very good jails at a fair price that will also save our taxpayer dollars.