Photo via USA Today
***
President Donald Trump has demonstrated time and time again a complete disregard for his limitations of power as President and has continued to act as if the law does not apply to him. Unfortunately, this behavior is not new and was displayed throughout his last presidency as well. This is why it was a surprise to no one when on March 15, hundreds of immigrants were deported to El Salvador, despite judge-issued orders demanding the removals to be stopped. President Trump deported these immigrants under an 18th-century wartime declaration, claiming to be targeting members of the notorious Venezuelan gang El Tren de Aragua. The issue with this, however, is the lack of due process these immigrants received. People were not even given the decency of notice of where they were being taken.
The ACLU and Democracy Forward, two legal advocacy groups, sued on behalf of five Venezuelans who feared they might be incorrectly labeled as members of the gang El Tren de Aragua. Lawyers recognized that this would be done under a 1798 law known as the Alien Enemies Act, therefore leading Judge James E. Boasber to order a temporary restraining order. However, the Trump administration appealed this restraining order. Judge Boasber requested additional information regarding if the immigrants were planning on being deported within the next 24-48 hours. The Deputy Assistant Attorney General responded by saying the information was still unknown and that he would find out. Later that same day, two planes departed transporting the migrants, and Judge Boasber ordered the planes to return to the U.S.
The Trump administration did not turn the planes around, and the immigrants were deported to El Salvador against the Judge’s order. This occurred due to a previous negotiation Trump made with the President of El Salvador, in which it was agreed that El Salvador would house these immigrants for a year in their newest, biggest maximum security prison—known as CECOT—in exchange for six million dollars.
By far, the most shocking aspect of this case is the lack of due process the deported immigrants received, especially considering they were accused of being gang members. Judge Patricia Millett from the D.C. circuit court of appeals commented that Nazis were given more due process under the Alien Enemies Act than these immigrants received. The last time the Alien Enemies Act was invoked was after the attack on Pearl Harbor, which consequently designated German, Japanese, and Italian nationals as “alien enemies.” Even then, these individuals were granted the right to hearings before they were removed, a privilege these Venezuelan immigrants were not privy to.
President Trump’s violation of clear legal orders to halt the removal of Venezuelan migrants highlights his troubling disregard for the rule of law and for the rights of immigrants. Additionally, the use of outdated wartime legislation underscores the erosion of legal protections that should apply to all individuals, regardless of their immigration status. The comparison to Nazi-era treatment of “alien enemies” serves as a stark reminder of how far the Trump administration is willing to go in undermining the rights and dignity of immigrants. The invocation of outdated legislation raises questions about the legal protections afforded to immigrants, especially when compared to historical applications of the Alien Enemies Act following the attack on Pearl Harbor, where hearings were granted. The administration’s decision to disregard a judicial order and proceed with the deportations to El Salvador—following a prior agreement for housing in the CECOT prison—underscores a potential conflict between executive action and judicial oversight. Broader concerns about the future of the country are now being raised along with disapproval of the man in power who seems to think he is above the law.
***
This article was edited by Kate Stover.
Thomas Tisdale 
David Tomanelli 
Sinhawe Haji