SEATTLE. USA, April 24 (IPS) – Habeas tattoo? Among Trump’s most outrageous assaults on the rule of law has been an array of legal wrecking balls demolishing due process, habeas corpus, related foundational rights, and the separation of powers in the bargain.
For many years, his target of choice for these efforts has been immigrants. But in his second term, not only has he escalated his persecution of those with and without protected immigration status, he has also increasingly attacked the rights of U.S. citizens to free speech, assembly, the press, due process, and freedom from unreasonable search and seizure. The targets have included journalists and news sources, academics and universities, state and local governments, corporate officials, military officers, Federal employees, and members of Congress.
One operation of Trump’s mass deportation machine stands out as a template for negating the rule of law: the summary removal, without anything resembling due process, of 261 mainly Venezuelan immigrants to El Salvador’s CECOT mega-prison (Centro de Confinamiento del Terrorismo – Terrorism Confinement Center). They were given no prior notice of their deportation and were not told their destination. For 137 Venezuelans, The Trump administration invoked the 1798 Alien Enemies Act (AEA) which, it claimed, allowed summary deportations without recourse to habeas corpus or other due process. The other 101 Venezuelans and 23 Salvadorans were also summarily deported, under uncertain statutory authority. Once in CECOT, many were disappeared indefinitely without appeal, held incommunicado without contact with families or attorneys, and routinely tortured.
The Alien Enemies Act allows nationals of enemy countries during wartime to be summarily expelled or detained. It was last invoked during World War Two to imprison American citizens of Japanese ancestry in concentration camps, an injustice for which the Civil Liberties Act of 1988 formally apologized.
President Trump justified the use of the AEA because, he claimed, the Venezuelans were members of Tren de Aragua (TdA – Train of Aragua), a metastasized former prison gang. He claimed that TdA was a “narco-terrorist” organization controlled by the Venezuelan government that had invaded the U.S. and was in a state of war with this country. He used these assertions to justify invoking the AEA, posting on Truth Social: “These are the monsters sent into our Country by Crooked Joe Biden and the Radical Left Democrats. How dare they! Thank you to El Salvador and, in particular, President Bukele, for your understanding of this horrible situation.” In effect, Trump was trying to outsource his violations of constitutional rights to a small friendly dictatorship.
On March 15, 2025, the date the removal flights were scheduled to take the detainees to El Salvador, the non-governmental American Civil Liberties Union filed an emergency petition in federal court to stay the removals. Federal Judge James Boasberg, a George W. Bush appointee, immediately ordered the deportations paused. All the deportees, he ruled, had to be brought back to the U.S. and offered due process to defend themselves against removal.
Although Boasberg demanded that even planes already in the air be turned around, the Trump administration said that the orders came too late and it couldn’t recall the planes. It also claimed to have no control over El Salvador, although it had paid that country at least $6 million to imprison the men. Salvadoran President Nayib Bukele, the self-described “world’s coolest dictator”, posted sardonically on X: “Oopsie!” The court rejected all of these arguments, but nevertheless the planes delivered the deportees to the Salvadoran mega-prison.
Later in March, Boasberg told the government that it must prove that those targeted for removal are in fact “alien enemies” and allow them to challenge the designation before deporting them. The Trump administration ignored the court’s ruling, and went on expelling more Venezuelans and Salvadorans to El Salvador, arguing that courts had no jurisdiction over what it called foreign policy.
In this stalemate, some observers questioned whether the executive branch was effectively placing itself above constitutional restraints such as habeas corpus by intentionally ignoring valid orders from the judiciary.
Trump and Congressional Republicans bitterly attacked Judge Boasberg and called for his impeachment. This prompted Supreme Court Chief Justice John G. Roberts Jr. to issue a rare rebuke, reminding them that impeachment is not an “appropriate response” when disagreeing with a judicial decision.
An appeals court ruled in March that the Trump administration was denying the detainees’ due process. “Nazis got better treatment under the Alien Enemy Act,” commented one judge.
In April, the Supreme Court allowed the government to continue deportations on the technicality that the detainees had filed for relief against summary removal in the wrong court. But it also affirmed that “an individual subject to detention and removal under that statute (the AEA) is entitled to ‘judicial review’” and advance notice.
Outside of the courts, the non-governmental organization Human Rights Watch accused the U.S. and Salvadoran governments of “enforced disappearances and arbitrary detention” of the Venezuelan deportees. “These enforced disappearances are a grave violation of international human rights law,” said Juanita Goebertus, Americas director at HRW. “The cruelty of the US and Salvadoran governments has put these people outside the protection of the law and caused immense pain to their families.”
Several news organizations investigated the alleged criminal records and gang affiliations of the Venezuelan men, and found them mostly non-existent. The New York Times reported that “most of the men do not have criminal records in the United States or elsewhere in the region, beyond immigration offenses” and “very few of them appear to have any clear, documented links to the Venezuelan gang.”
The ACLU filed Homeland Security’s “Alien Enemies Act Validation Guide” as an exhibit in a lawsuit. Verónica Egui Brito of the Miami Herald analyzed this “scorecard”, which the agency had used to determine whether the accused were members of Tren de Aragua.
It turned out that two of the criteria that supposedly indicated gang membership were certain tattoos and “urban street wear” such as jerseys and sneakers featuring basketball great Michael Jordan and his Chicago Bulls. But experts on Latin American gangs pointed out that TdA did not use specific tattoo images to identify its members. USA Today reported that internal Federal Bureau of Investigations and Department of Homeland Security documents have for years questioned the validity of using tattoos to identify TdA members. As to the Jordan and Bulls merch, it has long been among the most popular street fashions in much of the world, and could probably be used to falsely accuse thousands of young men in most cities of gang membership.
The whole “validation guide” appeared less a serious tool for criminology than the Trumpian equivalent of a Dick Tracy Magic Decoder, designed to help immigration “crimestoppers” detain anyone whose markings, clothing, accent, or skin tone struck them as suspicious.
Some of the men’s families also challenged the deportations, denying that the men were gang members or criminals at all. A few deportees became causes célèbres.
Most notoriously, the U.S. government admitted that Kilmar Abrego Garcia, a Salvadoran man with a U.S.-citizen wife and child, had been removed by mistake. The Supreme Court ordered that the government bring him back to the U.S. Yet even after that, the Trump administration tried to prevent Abrego Garcia from returning, and at first Bukele flatly refused to let him go. After Abrego Garcia was finally repatriated, the Trump administration tried to charge him with an unrelated minor infraction, then to deport him to one of several African countries. Costa Rica offered to take Abrego Garcia and he accepted, but the Trump administration refused. In February 2026, a judge ruled that ICE could not re-detain him. But the government continues to litigate his case.
In the face of strong exculpatory evidence for most of the deportees, then-Homeland Security Secretary Kristi Noem opined: “They should stay there (in the Salvadoran prison) for the rest of their lives.”
Finally, after four months of imprisoning the Venezuelans in CECOT under its proprietary interpretation of the Alien Enemies Act, the Trump administration abruptly sent most of them back to Venezuela in a swap of prisoners.
In December 2025, Judge Boasberg rejected most of the government’s arguments on the merits of the case, including Trump’s premises for invoking the AEA, and found that the U.S. denied the men due process. Finally in February, he issued an order that any of the deported Venezuelans who still wanted to challenge their removal had to be allowed to return to the U.S., with travel expenses paid by the U.S. government, to continue their immigration cases in court. The judge and the Venezuelans’ counsel, however, recognized that only a few of the men were likely to accept the offer.
In the emerging reality, there was a remarkable lack of evidence that any of the 200-plus deportees were actually members of Tren de Aragua, or that more than a handful had committed any serious crime. Beyond that, the Trump administration’s cases rested on a series of evidentiary dominos that cascaded down with a few pushes from legal and journalistic investigations.
In presidential debates during 2024, Trump falsely claimed that members of Tren de Aragua had “taken over” Aurora, Colorado, and other U.S. cities.
In fact, it turned out that a small number of armed young men, whom the police had not linked to TdA, had committed burglaries and firearm offenses against the residents of a couple of run-down apartment complexes with some Venezuelan residents. One of them, and nine others suspected of ties with the gang, were arrested by the police. The Aurora police chief told USA Today that “the city is not taken over by gangs”, and that, as in most other metropolitan areas, there were gangs there before any Venezuelans moved in.
Further investigations by several news organizations found that TdA is not a major drug smuggling enterprise, just a former prison gang that was evicted from prison and spread out to prey largely on Venezuelan refugees in South America. Around 90 percent of the nearly 8 million Venezuelans who have left their country went elsewhere in Latin America; only about 10 percent came to the U.S. A national survey by USA Today of federal, state and local law enforcement found that, despite claims of thousands of TdA gangsters, authorities had arrested fewer than 135 confirmed members. These have mainly committed petty street crimes such as purse-snatching, retail theft, and jewelry store robberies, many against other Venezuelans.
TdA bears little resemblance to the major cartels and maras of Mexico and Central America. These operate more like big transnational corporations heavy with advanced armaments, lawyers, and accountants. They are the ones who produce and smuggle most of the drugs entering the U.S., particularly fentanyl, the most deadly. The small gangs of Venezuelan petty thieves in a few cities were well within the capabilities of local law enforcement to dismantle with normal police work.
A key element of White House arguments for invoking the Alien Enemies Act was that Tren de Aragua was controlled by the Venezuelan government. However, this claim was also contradicted in an internal assessment by an elite forum of U.S. spy agencies. The National Intelligence Council concluded in a “Sense of the Community Memorandum”: “ (T)he Maduro regime probably does not have a policy of cooperating with TDA and is not directing TDA movement to and operations in the United States.”
Joe Kent, Trump’s former head of counterterrorism, asked the Council to reconsider these findings. It did so, and came back with the same conclusions. Not long after, Director of National Intelligence Tulsi Gabbard removed Michael Collins, a veteran intelligence analyst, from his post as acting chair of the Council.
The affair suggested that Kent, Gabbard, White House advisor Steven Miller, and their crew were trying to provide Trump with bespoke intelligence, custom tailored to fit whatever fabricated casus belli he was trying to invent. But some career intelligence professionals pushed back, calling bullshit on their manipulations.
Other dominos fell as more Trump claims were discredited by well-established geopolitical realities. The President claimed that he had saved tens of thousands of lives by dismantling Tren de Aragua and keeping drugs out of the U.S. However, the only drug responsible for large numbers of overdose deaths in the U.S. is fentanyl, a powerful opioid, which is almost exclusively produced in and exported from Mexico.
Venezuela reportedly plays little to no role in the fentanyl trade. Nor is it a major producer of cocaine or other drugs. It is mainly a trans-shipment corridor for cocaine from other South American countries headed for Europe, not the U.S.
In the end, the courts upheld the rights of some of the Venezuelan detainees trampled by Trump. But the long delays and tortures they suffered made those rights seem more aspirational than enforceable.
Beyond the Venezuelans, the rejection by the Trump administration of immigrants’ rights to habeas corpus and due process has been pandemic across the U.S.
An investigation by Reuters found that since October 2025, hundreds of judges have ruled more than 4,400 times that the government is unlawfully detaining immigrants, yet the government has continued the illegal detentions undeterred. This ignoring of or delay in complying with court orders has also made a travesty of the separation of powers, which requires that the executive branch respect the rulings of the judiciary.
A federal judge ordered the release of one such detainee, writing: “It is appalling that the Government insists that this Court should redefine or completely disregard the current law as it is clearly written.”
Many of these attacks on immigrants seem to be obvious violations of U.S. and international immigration laws. While some have been successfully remedied in court, they may also be a disturbing test run: the President has openly floated the idea of deporting U.S. citizens who have been convicted of serious crimes to El Salvador and imprisoning them there indefinitely without due process.
He has also tried to criminalize assistance to immigrants by arresting and, in a few notorious cases, killing or gravely injuring U.S. citizens who were trying to defend their neighbors against violence and harassment by Immigration and Customs Enforcement (ICE) and other immigration agencies.
“The path to authoritarianism is being built on the backs of immigrants”, asserted Kiko Matos, President of the National Immigration Law Center, in TIME magazine. “While (the Trump administration is) ostensibly targeting immigrants, what is being constructed is both the infrastructure and compliance that will facilitate a broader loss of rights for all Americans.”
There’s a familiar progression that Trump and his cadre have inflicted on their shifting scapegoats. They start by branding immigrants as dangerous individual criminals, a go-to move of nativists for centuries. Then they escalate to alleging that they are gangsters working for foreign cartels. Then they try to link those cartels to an enemy government and declare them “narco-terrorists”.
Moving on to other targets, it’s easy to apply this field-tested stratagem to those who Trump calls “the enemy within”. And so protesters, activists, civil society groups, opposition politicians and other critics end up labeled “domestic terrorists”.
A similar public-relations gambit was used against the crews and passengers of small boats in the Caribbean north of Venezuela and the eastern Pacific.
This is the second part of a three-part commentary. Read Part 1: No Kings? Meet King Don and King John – Part 1 of 3 to start from the beginning.
To be continued in Part 3 of 3
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