PanamaTimes

Monday, Mar 31, 2025

Deportation of Alleged Venezuelan Gang Members to El Salvador Raises Legal and Human Rights Concerns

U.S. administration invokes 1798 Alien Enemies Act to deport over 200 individuals amid judicial objections and international scrutiny.
In a recent development, the U.S. government deported approximately 238 Venezuelan nationals, alleged to be members of the Tren de Aragua gang, to El Salvador.

This action was taken under the authority of the Alien Enemies Act of 1798, a statute historically utilized during wartime, allowing the government to deport non-citizens from hostile nations without standard legal proceedings.

The deported individuals were transferred to El Salvador's Terrorism Confinement Center (CECOT), a high-security facility known for housing violent gang members.

Prior to the deportations, a U.S. District Judge issued a temporary restraining order to halt the expulsions, citing concerns over due process and the legal basis for using the Alien Enemies Act in this context.

Despite this judicial intervention, the administration proceeded with the deportations, asserting that the judge's order was issued after the flights had departed U.S. airspace.

This sequence of events has led to a legal dispute over the applicability and timing of the court's directive.

Family members of some deportees have contested the allegations of gang affiliation.

For instance, Deicy Aldana, the wife of deportee Andres Guillermo Morales, stated that her husband has no criminal record in either Venezuela or Colombia and is not associated with any gang activities.

She expressed concerns over his detention in El Salvador, emphasizing that his rights are being violated.

The Tren de Aragua gang originated in Venezuela and has expanded its operations across several Latin American countries.

The U.S. administration designated the group as a terrorist organization, attributing various criminal activities to its members, including extortion, human trafficking, and drug trafficking.

El Salvador's President acknowledged the arrival of the deportees, stating that they would be held in the CECOT facility for at least one year.

The U.S. government has reportedly agreed to pay El Salvador approximately $6 million for the incarceration of these individuals during this period.

Human rights organizations have criticized the conditions within the CECOT facility, raising concerns about potential violations of international human rights standards.

The deportations have also sparked debates over the use of the Alien Enemies Act, with legal experts questioning its applicability in this context and the potential implications for due process rights.

The situation continues to evolve as legal challenges proceed in U.S. courts, and international observers monitor the treatment of the deportees in El Salvador.
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