On March 16, 2025, President Donald Trump invoked legislation from 1798 to execute the expulsion of over 200 alleged members of the Venezuelan gang, Tren de Aragua, to El Salvador. This bold move follows Trump's designation of the gang as terrorists, highlighting his administration's commitment to tackling threats to national security.
Shortly after their arrival, announced by El Salvador's President Nayib Bukele, these gang members were transferred to the Center for the Detention of Terrorists (Cecot), a high-security prison inaugurated just last January. Trump signed the expulsion order on Friday, but it was only made public on Saturday, after federal judges ordered suspensions of all expulsions for 14 days.
The White House asserted on Sunday, stating, "The government does not 'refuse to comply' with a court ruling. This ruling, which has no legal basis, was made after foreign terrorists from the TdA were removed from the territory." This declaration was made clear as they had already dispatched three planes for the gang members when the order was issued. The officials emphasized judicial overreach, stating, "One judge cannot decide the course of action of a plane filled with foreign terrorists."
Bukele reacted to developments humorously on social media site X, posting, "Oops… too late," indicating the inevitability of the transfer's completion.
Trump’s order leverages the 1798 Law on Aliens and Sedition, which has only been used three times previously, primarily during wartime situations, including the internment of Japanese Americans during World War II. Legal challenges claim this law is not suited for peacetime, with ACLU lawyers arguing it serves as insufficient justification for sweeping deportations.
After the designation of Tren de Aragua as a terrorist organization last February by the Trump administration, the law allows for immediate actions against members aged over 14 who do not hold U.S. citizenship. Trump characterized the gang’s actions as acts of “irregular warfare against the territory of the United States.”
Established within the Venezuelan prison of Tocorón back in 2014, Tren de Aragua's criminal portfolio extends beyond mere gang activity. They are implicated in numerous serious offenses including murder, kidnapping, drug trafficking, human trafficking, and extortion, spanning reach across several countries in the Americas, including the U.S., Colombia, Chile, and Peru.
The Cecot facility, where more than 238 members of the gang are expected to undergo incarceration, is situated 75 kilometers southeast of the capital, San Salvador. Holding capacity is impressive, built to house up to 40,000 prisoners. Bukele’s administration has actively positioned itself against gang violence since early 2022, involving international cooperation to address the issue.
Also making headlines, Trump’s administration noticed the expulsion of 23 members of the notorious Mara Salvatrucha (MS-13) gang back to El Salvador. U.S. Secretary of State Marco Rubio confirmed the action, stating, "We’ve returned two dangerous MS-13 leaders and 21 of their most wanted members back to El Salvador for justice.”
The collaboration between the U.S. and El Salvador has grown increasingly productive during Trump's tenure, with Bukele previously offering to accommodate deported criminal elements from within the U.S. to ameliorate security issues back home.
Conversely, the Venezuelan government, led by Nicolás Maduro, condemned the U.S. actions as unjustly criminalizing Venezuelan migration—a claim which raises global questions about the treatment of immigrants and judicial integrity.
Legal representatives from the ACLU and other groups are anticipated to continue pursuing recourse against what they describe as potentially egregious uses of war-based legislation on civilian matters. The contention stirred by the execution of such complex legal frameworks during peacetime remains the focal point of many dialogues surrounding human rights and judicial ethics.
With the expulsion of such recognized figures of criminality, both U.S. and Salvadoran authorities present their actions as integral to infighting domestic gang problems. Nevertheless, questions remain on the legal proceedings and humanitarian perspectives surrounding the handling of such legislation, especially when confronted with recent challenges.
While both nations prepare for the long-term ramifications of this decision, the geopolitical and social effects are still unraveling. The international community, especially those tied to human rights advocacy, will watch closely, raising vigilance against any indication of overreach or misapplication of the law.
The situation exemplifies the tense interplay of immigration policy, national security, and human rights under the contemporary political lens, which continuously examines the effectiveness and ethical rationale of such decisions across borders.