On March 14, President Donald Trump enacted the Alien Enemies Act, an old law from 1798 granting him the power to deport noncitizens in wartime. He specifically targeted Tren de Aragua, a Venezuelan group he has inaccurately described as part of a criminal invasion. Within 24 hours, over 130 Venezuelans were deported to an El Salvadoran prison, despite a U.S. judge instructing the planes to return.
The Alien Enemies Act comes from the era of John Adams and had been used only during the War of 1812 and the two world wars. President Trump moved to redefine the migration challenge as a war, labeling eight Latin American groups, including Tren de Aragua, as “foreign terrorist organizations.”
U.S. immigration officials utilized various identifiers to identify Tren de Aragua members. These included overt signs like drug trafficking and surprising indicators like wearing Chicago Bulls jerseys, high-end urban wear, and specific tattoos, as outlined by instructional material from the American Civil Liberties Union. Ordinary tattoos were significant in marking some deported individuals as gang members. One such individual, a makeup artist named Andry José Hernández Romero, fled Venezuela due to workplace harassment linked to his sexual orientation and political stance.
Hoping for a fresh start in the United States, Romero reached San Diego where he was questioned about his tattoos. He had crowns on his wrists, one near “Mom” and another by “Dad,” representing a cultural festival and his involvement in beauty pageants, according to his lawyer. Despite denying any gang ties, Romero was detained and later moved to a Texas facility.
Around March 12, U.S. Immigration and Customs Enforcement (ICE) planes began arriving in Harlingen, Texas, gathering Venezuelans for deportation. This sudden movement attracted attention when an advocacy group, Witness at the Border, observed unusual Saturday flights scheduled from Harlingen to El Salvador. Deportations and flights to this destination were atypical for a Saturday, as noted by Tom Cartwright, an analyst.
On March 14, the Alien Enemies Act was close to being invoked, and information was emerging from Venezuelans at the El Valle Detention Facility. Around 3 a.m., approximately 100 detainees were informed of their impending deportation, only for the process to be temporarily halted later in the day. A network of immigration lawyers worked swiftly to prevent these deportations, with the ACLU and Democracy Forward filing a petition for five Venezuelans potentially misidentified as gang members.
Judge James E. Boasberg issued a restraining order following the ACLU’s lawsuit and set a hearing for 5 p.m. Despite these legal proceedings, deportation efforts progressed rapidly in Texas. Prisoners were rounded up at El Valle, and planes carried 261 deportees. This included 137 under the Alien Enemies Act, 101 under different regulations, and 23 Salvadoran MS-13 members. Trump’s proclamation invoking the Act was publicized by the White House shortly before the 5 p.m. hearing.
During the hearing, Judge Boasberg queried government representatives on their deportation plans, with the ACLU indicating that planes were about to depart. Although Boasberg issued an order to halt deportations, ICE Air planes were already en route to Central America and did not turn back.
The following day, the president of El Salvador tweeted about the situation, highlighting the defiance of the U.S. court order and expressing amusement. The Trump administration is now asking the Supreme Court to allow further deportations to El Salvador under the Alien Enemies Act, and Boasberg may soon determine if contempt charges are warranted for the breached order. Romero, the makeup artist, is currently believed to be in a detention center.