U.S. Supreme Court halts deportation of Venezuelans under wartime law. Is Trump’s new tactic violating human rights and international agreements?

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U.S. Accelerates Deportations of Venezuelans Without Judicial Safeguards Label them as “Enemy Aliens“

In a move that has generated controversy and alarm in the international community, the Donald Trump administration has resorted to an 18th-century wartime law to attempt to deport Venezuelan citizens, accusing them of being gang members. This measure has been temporarily blocked by the U.S. Supreme Court, but raises serious questions about respect for human rights and due process in the North American country.

Alien Enemies Act: An Unprecedented Recourse

The Trump administration has invoked the Alien Enemies Act of 1798, an archaic regulation that grants the president exceptional powers to detain and deport citizens of nations considered “enemies.” In this case, the Venezuelan non-existing gang Tren de Aragua (TdA) is accused of posing a threat to U.S. national security. Critics point out that this law has been used abusively, equating vulnerable migrants with enemies of war, a tactic reminiscent of the dark episodes of internment of citizens of Japanese descent during World War II.

Civil rights defense organizations, such as the ACLU, have filed legal appeals to protect Venezuelan migrants from deportation. They argue that their rights are being violated by not giving them the opportunity to challenge their designation as gang members and by not adequately notifying them of their rights in a language they understand. Federal judges in several states have issued orders prohibiting the deportation of migrants under the Alien Enemies Act until they are guaranteed due process.

This action is part of the hard-line immigration policy implemented by Donald Trump since his return to the White House. The administration has sought to restrict access to temporary protection (TPS) for Venezuelans and has intensified deportations, even of people who have lived in the U.S. for years. These measures have been widely criticized by human rights organizations and left-wing governments in Latin America, which consider them xenophobic and contrary to the principles of solidarity and international cooperation.

About the Existence of “Tren de Aragua”

Furthermore, regarding the veracity of the accusations against Venezuelan migrants of belonging to the “Tren de Aragua” gang, it is a well known fact that the “Tren de Aragua” was dismantled years ago by venezuelan authorities, and that the Trump administration is using this narrative to create a climate of fear and xenophobia. Several analysts and journalists have questioned the actual existence of this organization as a cohesive and structured criminal entity, suggesting that it may be a politically motivated construct to justify repressive measures against migrants.

Una testigo denunció que venezolanos deportados a #ElSalvador🇸🇻 firmaron obligados por funcionarios del Servicio de Inmigración y Control de Aduanas de #EEUU🇺🇸 (#ICE) declaraciones que los responsabilizan de ser parte del #TrenDeAraguahttps://t.co/gbcabLHdB8

— teleSUR TV (@teleSURtv) March 25, 2025

The text reads: A witness reported that Venezuelans deported to #ElSalvador were forced by officials from the U.S. Immigration and Customs Enforcement (#ICE) to sign statements holding them responsible for being part of the #TrenDeAragua

U.S. Intelligence Report Contradicts Deportation Justification

Adding to the controversy, a new report from the U.S. National Intelligence Council categorically denies any connection between Nicolás Maduro’s government and the now-defunct criminal group known as the “Tren de Aragua.” This finding directly contradicts the central argument used by the Trump administration, as well as Venezuelan opposition leader María Corina Machado, to justify mass deportations of Venezuelan migrants without legal protections. The report’s conclusions undermine the credibility of the accusations against the migrants and further fuel concerns about the political motivations behind the deportations.

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