Since the beginning of Trump’s campaign for the 2024 presidential election, he made promises regarding mass deportations of migrants, claiming that it must be done for the betterment of the country. On his first day in office, “Trump took executive action to stop the invasion at the southern border and to empower law enforcement agents to deport criminal aliens”(Department of Homeland Security).  This executive order repealed limits on immigration customs enforcement (ICE) imposed by DHS Secretary Alejandro, meaning fewer restrictions on how many people they can detain. In line with his promises, on March 15th, President Trump invoked the Aliens Enemies Act to deport hundreds of immigrants, most of them being Venezuelans, to the Cecot, a maximum security prison in El Salvador. The invocation of this act entails the deportation of immigrants without trial, many of which signed documents before their deportation agreeing to be returned to their home country, not imprisoned in El Salvador. Therefore, their presence in El Salvador, seen on President Bukele’s social media, came not only as a surprise to their families, expecting them back home, but also a terrifying shock that their loved ones were wrongly imprisoned with El- Salvador’s deadliest gangs. Many people are concerned that this blatant violation of migration procedures, of people being deported under a claim that they are criminals without trials or evidence, is going to lead to a surge of wrongful imprisonment and deportation. According to multiple sources, “There’s been extensive reporting that several of the people deported had no criminal activity. We are starting to document cases, and in several of them, we’ve been able to establish no membership in Tren de Aragua.”(Mother Jones).

Deportation of migrants without trial or evidence is a direct violation of the International Covenant on Civil and Political Rights (ICCPR), Articles 13 & 14. This treaty entails the rights of migrants to a fair hearing and trial before deportation and, in the case of the Venezuelans deported to El Salvador, wrongful imprisonment. Stripping a person’s right is not justifiable without trial by any means in any legal system. The United States Fifth Amendment defends this right as it protects all persons (not just citizens) from being deprived of “ life liberty or property, without due process of law”(US Constitution).  In addition to violating international human rights law and the constitution, implementing the Aliens Enemies Act, a set of laws that deliberately strengthens national security and suppresses criticism of the administration, by restricting immigration and limiting freedom of speech is particularly harmful. (National Archives). 

In response, a US judge, District Judge James Boasberg, halted the active deportations under the Alien Enemies Act until April 12th during an emergency hearing on March 15th. This declaration by the US Judge and use of the Alien Enemies Act has become the subject of multiple court cases this week in which lawyers and judges have actively combatted President Trump’s attempt to “accelerate the deportations and bypass due process protection”(Financial Times). In addition to federal institutions challenging the president, the American Civil Liberties Union was amongst several US-based human and civil rights organizations that challenged the use of the act. They stated that “the law denies the migrants the due process to contest allegations of gang membership.”(Reuters). 

However, the situation is further complicated as more information comes out on the migrants who were criminalized and deported to El Salvador; we have learned that before their deportation, they had signed documents that, according to The Financial Times, “appeared to be voluntary deportation orders in exchange for returning to Venezuela sooner.”(Financial Times). Although it is unknown if the government tricked the migrants into signing their rights away or if these documents are even real, it’s concerning and strange that many of the families and lawyers of those deported to Cecot are saying the same thing. To the extent that a representative from “US-based Venezuelan non-profit Coalition for Human Rights and Democracy said his organization represented three more Venezuelans who signed agreements to return home and were now missing. Their names appear on a US government list of deportees sent to El Salvador that was published by CBS News.”(The Financial Times). There hasn’t been a response to these allegations from the US state and Justice Department or any human rights organization.

Given the severity of the situation, the international community must address the criminalization and deportation of migrants and the crimes committed that fail to adhere to international law. Organizations like the United Nations, the International Criminal Court, and other countries must investigate and urge the government to take accountability and halt anything that violates their legal and constitutional obligations. Their involvement would assist the situation by putting pressure on US federal lawmakers to bring an end to the Alien Enemies Act and unlawful deportations.

In addition to assistance from international communities, the people of the United States are essential in combating this issue, as those with legal status must use their privilege to write and advocate for the rights of those being unlawfully detained, attacked, and deported. The American people must advocate alongside their representatives, like District Judge James Boasberg, so that they can put a legal end to unjust deportations. It’s also essential to change the narrative, as often when things go wrong, legal institutions and news outlets target historically marginalized communities, especially immigrants. We must see the truth and not further perpetuate harmful stereotypes that create hatred, fear, and the dehumanization of immigrant communities. The more we do, the greater this problem becomes, and the less people will care about the unjust criminalization and deportation of immigrants without trial or evidence.