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Trump's deportations to El Salvador have sparked controversy after the transfer of hundreds of immigrants despite a court order seeking to stop them. This incident, which occurred last weekend, has put the spotlight on the president's immigration policy and his use of a landmark law to justify this action.
Decision in progress of Trump's Deportations
On Saturday, the Trump administration ordered the deportation of nearly 300 immigrants—mostly Venezuelans identified as members of the Tren de Aragua gang—to El Salvador. This was carried out under the Alien Enemies Act of 1798, a rule invoked during the War of 1812 and World Wars I and II, which requires the president to declare the United States is at war. Trump triggered it, arguing that the current immigration situation amounts to an "invasion" and a "state of war."
However, federal judge James E. Boasberg issued a temporary order halting Trump's deportations that same day, questioning their legality. Despite this, two planes carrying immigrants were already en route to El Salvador and Honduras and were not detained. White House press secretary Karoline Leavitt defended the measure, stating that the court order came after the immigrants had already been removed from the US. Trump evaded directly answering whether he disobeyed the judge, but insisted that "they were bad people" who should be removed.
The role of El Salvador
Under President Nayib Bukele's leadership, El Salvador agreed to accept these immigrants in exchange for $1.46 million to hold them for a year in the CECOT mega-prison, known for its harsh conditions. "Oopsie... too late," Bukele wrote on the social network X about an article about the Boasberg ruling. Trump's deportations to El Salvador also included two MS-13 gang leaders previously arrested in the U.S.
The Alien Enemies Act, used by Trump, has historically been used in declared wars, such as in the Second World Warto intern Japanese Americans. Its current use has been strongly criticized by countries such as Venezuela, which called it a reminder of “the darkest episodes in human history.”
Reactions and legal consequences
Experts like Georgetown University's Steve Vladeck argue that although Boasberg's verbal order to return the planes wasn't put into writing, the administration violated the "spirit" of the court's decision. This could lead to stricter rulings against the government in the future. Meanwhile, the Justice Department has appealed the judge's decision and pledged not to use Trump's proclamation for further deportations unless the order is overturned.
Trump's deportations to El Salvador have jeopardized the rights of the immigrants affected. According to lawyers, some could be wrongly accused of belonging to Tren de Aragua and deported without legal defense. Videos released by the Salvadoran government show deportees arriving in chains and being taken to the CECOT.
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