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Judges and Declassified Memo Undermine Trump’s Use of Alien Enemies Act

Federal rulings and intelligence findings challenge the Trump administration’s justification for deporting alleged Venezuelan gang members under a rarely used wartime law.

US military personnel escort an alleged gang member who was deported by the US along with others the US alleges are members of the Venezuelan gang Tren de Aragua and the MS-13 gang at the El Salvador International Airport in San Luis Talpa, El Salvador, April 12, 2025.
The exterior of the Terrorist Confinement Center as Department of Homeland Security Secretary Kristi Noem arrives on March 26, 2025 in Tecoluca, El Salvador.
US President Donald Trump walks on the South Lawn of the White House after arriving on Marine One in Washington, DC, US, on Sunday, May 4, 2025.
Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia of Maryland, who was mistakenly deported to El Salvador, speaks during a news conference at CASA's Multicultural Center in Hyattsville, Md., Friday, April 4, 2025. (AP Photo/Jose Luis Magana)

Overview

  • Two federal judges ruled on May 6 that President Trump’s invocation of the 1798 Alien Enemies Act to deport alleged Tren de Aragua members is unlawful, citing a lack of evidence of an invasion or predatory incursion.
  • A newly declassified National Intelligence Council memo contradicts the administration’s claim that Venezuelan President Nicolás Maduro directs the gang, stating there is no policy of cooperation between the Maduro regime and Tren de Aragua.
  • The Supreme Court previously ruled that migrants detained under the Alien Enemies Act must be given the opportunity to challenge their removal in court, adding due process safeguards to deportation efforts.
  • The Justice Department has launched a criminal investigation into leaks of classified intelligence, following the release of the memo that undermines the administration’s rationale for the deportations.
  • Deportees have been sent to El Salvador’s CECOT prison, raising significant human rights concerns, as courts and critics question the legality and fairness of the administration’s expedited deportation process.