Over 200 Venezuelan migrants in the United States were deported to El Salvador under the rarely invoked Alien Enemies Act of 1798. These individuals are being accused of affiliation with the Venezuelan gang Tren de Aragua; however, the validity of this claim has not been confirmed on a case-by-case basis and the Trump administration has acknowledged that many of the deportees do not have a criminal record in the U.S. Despite a judge’s orders to halt deportation flights, the migrants were ultimately detained in El Salvador’s notoriously harsh Terrorism Confinement Center (C.E.C.O.T.). The Venezuelan government – as well as many organizations and legal experts – has contested these deportations, asserting that the migrants were unjustly targeted and denied due process. ​Lawyers hired by the Venezuelan President Nicolás Maduro to represent the families of 30 of the  Venezuelans being held in El Salvador have asked the Salvadoran Supreme Court to review the legality of the detention. 

Juan Pappier, America’s Deputy Director of Human Rights Watch, remarked that it is “unrealistic” to expect El Salvador’s Supreme Court to oppose El Salvadorian President Nayib Bukele’s administration. Pappier highlighted the court’s lack of independence, stating, “It was completely co-opted by the Bukele administration.” He noted that these types of deportations are violations of U.N. principles which forbid transferring individuals to a place “where they can risk facing torture and other grave human rights violations.”

Judge James Boasberg, whose order to halt the flights was disregarded on the basis of the planes having left American airspace, stated at a hearing last Friday, ​”I will get to the bottom of whether they violated my order, who ordered this and what the consequences will be.” Donald Trump has described Boasberg, who was appointed by former president Barack Obama, as a “constitutional disaster” who “doesn’t mind if criminals come into our country.”

The actions taken by the Trump administration represent a significant departure from established human rights norms, and the Bukele administration has been criticized for its authoritarian tendencies. Detaining these individuals without clear legal standing bolsters the concerns human rights organizations have about the eroding respect of democratic institutions and for human rights in the region.​ Venezuela’s legal challenge, though expected to be an uphill battle, highlights the hypocrisy of the U.S. government, who has criticized the country for its authoritarianism and human rights abuses. By invoking the Alien Enemies Act to deport individuals without due process, the Trump administration is undermining the principles of justice and fairness, creating a dangerous precedent that justifies mass deportations on accusations alone, without evidence or judicial review. The Trump administration using this law is not just overreach, but a deliberate attempt to escalate fear and xenophobia under the guise of national security.

The Alien Enemies Act of 1798 was originally enacted as part of the Alien and Sedition Acts, which allowed the U.S. government to detain and deport non-citizens from hostile nations during times of war. While the law has rarely been used in modern history, it was most infamously applied during World War II, when it justified the internment of Japanese Americans, a policy for which the U.S. government later issued formal apologies and reparations. The blanket application of a centuries-old law without individual assessments sets a dangerous precedent, raising concerns about mass deportations based on racial or national identity rather than verifiable criminal activity. El Salvador’s prisons, particularly C.E.C.O.T., are internationally known for severe overcrowding, inadequate medical care, and reports of torture. While Trump and Bukele have agreed to a one year detention of these migrants, reports indicate that detainees are often held indefinitely without trial.

The Trump administration’s reliance on antiquated and controversial legal frameworks to expedite deportations sets a concerning precedent for the rule of law and the protection of human rights. If executive actions can override legal challenges and human rights protections, then checks and balances lose their meaning, and immigration enforcement becomes a tool of political spectacle. Disregarding judicial oversight and due process not only jeopardizes the lives of these Venezuelan migrants, but also signals a dramatic and broader shift towards authoritarianism. The U.S. must immediately re-examine and repeal the use of the Alien Enemy Act and replace it with rights-based policies that ensure security without sacrificing fundamental human dignity and legal fairness. If the U.S. continues, the erosion of democratic norms and unchecked expansion of executive powers will be difficult to undo and will result in strains on relations with Latin America and further loss of credibility on human rights issues.