Trump wants to apply an 18th century law of war to take down a Venezuelan gang

Donald Trump’s return to the White House has already made waves. Among his first actions were new tariffs on Mexico, Canada, China, and the European Union – but that was just the beginning. As he prepares for talks with Vladimir Putin in an effort to end the war in Ukraine, Trump has taken yet another controversial, and maybe unconstitutional, step.

On Sunday, the United States deported more than 200 suspected members of the Venezuelan gang Tren de Aragua, a group officially designated as a terrorist organization by Washington. The move was confirmed by El Salvador’s president, Nayib Bukele.

“Today, the first 238 members of the Venezuelan criminal organization Tren de Aragua arrived in our country. They were immediately transferred to CECOT, the Center for Terrorism Confinement, for a period of one year (renewable),” Bukele announced on X (formerly Twitter).

Trump personally thanked Bukele, praising his “understanding” of a situation that, in his words, was allowed to happen to the United States due to incompetent Democratic leadership.

An 18th-century law revived

Just a day before the deportation, Trump announced his intent to invoke the Alien Enemies Act, a law dating back to 1798 that gives the U.S. president the power to arrest or expel citizens from enemy nations. The statute was first enforced during the War of 1812 between the U.S. and Britain.

It was later used during World War I and World War II - most infamously in the latter, when 120,000 Japanese and Japanese American citizens were forcibly interned in the United States. The decision has drawn fierce criticism from various organizations, including the American Civil Liberties Union (ACLU), which described the measure as “the most extreme ever adopted by this administration.”

The largest prison in Latin America

After issuing the deportation order, Trump claimed he had the legal right to declare the gang members “enemy aliens” under the 18th-century law. Venezuela quickly condemned the move, calling it “categorically and emphatically unacceptable.” The Venezuelan government accused the U.S. of “shamefully and unjustly criminalizing Venezuelan migrants.”

Upon arrival in CECOT, the largest maximum-security prison in Latin America – inaugurated in 2023 with a capacity for 40,000 inmates – the alleged gang members were shaved by prison authorities as part of intake procedures. They are expected to remain locked up for at least one year.

Founded in 2014 in Venezuela’s Tocorón prison, Tren de Aragua has been linked to murder, kidnapping, drug trafficking, prostitution, extortion, and human trafficking. Intelligence reports indicate the gang has expanded its operations into the United States, Colombia, Chile, and Peru over the years.

Venezuela warns citizens against U.S. travel

On Monday, Nicolás Maduro’s government announced plans to urge Venezuelans to avoid traveling to the United States, claiming the country is unsafe following the recent mass deportation of migrants to El Salvador under the Act.

Jorge Rodríguez, Maduro’s chief negotiator, stated that the U.S. no longer upholds the rule of law when it comes to the basic human rights of Venezuelan migrants.

They came for them, and I did nothing...

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