The Trump administration remains steadfast in its decision to deport Venezuelan migrants suspected of gang affiliations, despite ongoing legal battles. Border czar Tom Homan on Sunday defended the controversial move, insisting that all individuals sent to El Salvador’s high-security prisons were members of the Tren de Aragua (TdA) gang.
Speaking on ABC News’ This Week, Homan stated that intelligence reports and criminal investigations confirmed the deportees’ gang ties. The administration relied on the rarely used Alien Enemies Act, a law dating back to the 18th century, to facilitate the removals.
Legal Roadblocks and Due Process Concerns
The deportations have faced significant pushback in the courts, with a federal judge ordering a halt to the flights. Concerns have been raised about the lack of documented criminal history for some of those deported, leading to debates over due process rights.
“A lot of gang members don’t have criminal histories,” Homan argued. “Just like many terrorists, they’re not always in a database.”
Critics point to cases like that of Jerce Reyes Barrios, who was allegedly misidentified due to a soccer tattoo resembling a gang symbol. The Department of Homeland Security has disputed claims of wrongful deportations, and Homan maintains that the intelligence used was thorough and reliable.
Use of the Alien Enemies Act Sparks Controversy
The Alien Enemies Act, rarely invoked in modern times, was last used during World War II by President Franklin D. Roosevelt to detain Japanese Americans. Legal experts argue that its application requires the U.S. to be at war with another nation, which critics claim does not apply to the current situation.
The administration, however, insists that the law is valid and applicable. “We’re not making this up,” Homan said. “The Alien Enemies Act is a federal law, passed by Congress and signed by a president.”
Ongoing Court Battles
So far, 260 migrants have been flown to El Salvador’s mega-prison system. A federal judge is now reviewing whether the administration violated his deportation freeze. If found in contempt, the government could face legal consequences.
When asked about migrants’ rights to challenge their removals, Homan responded bluntly: “Due process? Where was Laken Riley’s due process?”—referring to the Georgia nursing student allegedly killed by an illegal Venezuelan migrant last year.
Despite legal setbacks, the administration remains committed to its crackdown on undocumented individuals suspected of gang involvement. “We will continue targeting the worst of the worst,” Homan asserted.
What’s Next?
As legal battles unfold, the Trump administration’s use of the Alien Enemies Act could set a precedent for future immigration policies. Courts will ultimately determine whether the government’s actions align with constitutional protections or if deportees’ rights were violated .
