On March 15, the United States government forcibly disappeared over 200 Venezuelans to a maximum security prison in El Salvador based on unproven allegations that they were members of Tren de Aragua, a Venezuelan organized crime group. To carry out these abrupt deportations, the administration invoked the 1798 “Alien Enemies Act” intended for wartime purposes only, that allows the president to deport noncitizens without trial if the president feels there is any “invasion or predatory incursion” threatened or attempted against the United States. This law was used during WWII to intern Japanese, German, and Italian nationals.
Congress has not declared war on Venezuela, nor is there evidence that Tren de Aragua is invading the United States, as Trump falsely claimed.
But, because the administration invoked this archaic act, none of the deportees were able to access an immigration trial. They provided no proof that the men detained are in fact gang members and they have refused to release a list of names, claiming that the details of the mass deportations are “state secrets,” a designation typically reserved for matters of national security. Their families wait in despair, attempting desperately to grasp at any morsel of information that may reveal where their loved ones have gone and why they were deported. News reports, identifying some of the Venezuelans expelled to El Salvador, have published evidence and claims from family members that they are innocent and not members of the gang. The Trump administration admitted that one person was deported by mistake.
The prison where the deportees were sent in El Salvador, Center for Confinement of Terrorism (Centro de Confinamiento del Terrorismo, CECOT) is known for its abusive conditions.
This incident is not an isolated misuse of executive power, but a signal of a broader shift: the erosion of due process protections for immigrants under the guise of national security and crime prevention. In an effort to deliver on the campaign promise of mass deportations, the administration has made it clear that their agenda is to disappear immigrants without due process.
Legislating-Away Rights
Legislation such as the Laken-Riley Act and the 287(g) agreement, expand the federal government's power to detain and deport migrants, denying them access to an immigration hearing.
The Laken-Riley Act, the first piece of legislation to be signed into law by President Trump, allows federal immigration officers to detain and deport those without legal status charged (but not yet convicted) with minor theft, shoplifting, assaulting a police officer, or causing bodily harm or death to another person. In the bill, there is no provision allowing for the person’s release if the criminal charges are later dropped, and those detained have no opportunity to request release on bond. The new law even applies to immigrants who are authorized to be here, including asylum applicants or those granted Deferred Action for Childhood Arrivals (DACA) or Temporary Protected Status (TPS). There is no exception for minors.
This legislation scapegoats immigrants even though, as a group, immigrants have had lower incarceration rates than the US-born for 150 years.
DHS estimated that in its first year it would cost an additional $26 billion to pay for personnel costs, detention resources, transportation, and other expenses to implement this act. That money would likely end up in the hands of private contractors involved in The Billion-Dollar Business Behind Trump’s Immigration Crackdown.
The Laken-Riley act isn’t the only piece of legislation aimed at accomplishing Trump’s aggressive deportation quotas. The expansion of 287(g) agreements authorizes local law enforcement officers to perform specific immigration enforcement functions in the communities they serve. Despite data suggesting that crime is lower in places where officials do not divert time and resources for a hostile immigration agenda, under 287(g), designated officers can stop, interrogate, arrest, or transport immigrants based purely on immigration violations. 287(g) essentially turns local police into weapons of ICE.
This erodes community trust and reduces crime reporting rates as immigrants fear any interaction with the police. Furthermore, the expansion of 287(g) programs raises serious due process concerns as there were reports of widespread racial profiling and civil rights violations when it was implemented in the past. Researchers have found that 287(g) programs foster environments that increase racial profiling by law enforcement agents and disproportionately impacts Latino and Black community residents. Furthermore, 287(g) can encourage arrests for minor infractions simply to trigger an immigration status check which undermines equal protection under the law. Those deported under 287(g) programs are overwhelmingly not individuals who have committed serious offenses.
This issue does not affect only immigrants. The expansion of ICE’s power and the erosion of due process undermine the very pillars that sustain our democracy. It sets a dangerous precedent for unchecked federal authority and threatens the balance of power between national and state governments. The lack of transparency around who is deported and why and the rapid expansion of presidential and ICE authority to deport individuals without a fair trial poses a clear threat to democratic principles. In the United States, if due process is denied to some of us, it is denied to all of us.
Comments
Merianne de Merode (not verified)
This is brilliant analysis of why this matters. I hope that many people will read it.
Katharine Stewart (not verified)
Excellent article! I will be sharing it with a number of folks who don’t seem to be getting it…
Joy Crosser (not verified)
The author has made a clear and compelling case on why that Laken-Riley Act was so toxic. Attacking the most vulnerable is step one in every fascist's playback. ICE needs to be neutralized and our laws enforced.
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