In a 36-page opinion, U.S. District Judge Fernando Rodriguez ruled that Tren de Aragua’s presence did not constitute an “invasion,” as Donald Trump had previously claimed. Rodriguez, a first term Trump appointee, wrote that the administration had inappropriately invoked the law, which only applies when the nation is facing an armed, organized attack by an invading country.
In March, the White House made a spontaneous decision to defy a court order by deporting more than 200 alleged members of the Venezuelan gang to El Salvador under the cover of the wartime policy.
Trump justified the infraction by claiming Venezuelan immigration into the country constituted an “invasion,” and described the current era as a “time of war.” The men were taken to a notorious El Salvador prison known as CECOT, where the U.S. government is paying El Salvador more than $20,000 per deportee to imprison the men.
In April, a U.S. circuit judge stated that the Trump administration’s use of the Alien Enemies Act to force immigrants out of the country had treated asylum-seekers worse than prior presidents treated actual German Nazis during World War II.
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