
Lawyers of Venezuelans deported from the U.S. under the Alien Enemies Act last Saturday continue to decry the actions by the Trump administration, saying officials showed no proof their clients are tied to the Tren de Aragua gang, and described harrowing scenes on the flights.
Speaking to Politico, the lawyers described "chaos" aboard, with several detainees "crying and frightened about where they were being sent." They were indeed flown to El Salvador's infamous Terrorism Confinement Center (CECOT), a mega-prison able to hold up to 40,000 prisoners and a landmark of President's Nayib Bukele's crusade against crime in the country.
The Trump administration conceded this week that "many" of the deportees were actually hold no criminal record in the U.S., but defended its decision to deport them anyway. A report by the Miami Herald showed that officials conceded the fact in federal court, but doubled down on the decision saying that crossing the border unlawfully is enough reason to deport them.
"The lack of criminal records does not indicate they pose a limited threat. In fact, based upon their association with Tren de Aragua, the lack of specific information about each specific individual actually highlights the risk they pose," said Robert Cerna, a top Immigration and Customs Enforcement official, in a sworn statement filed Monday night to a U.S. District Court in Washington, D.C.
Robert Cerna, a top Immigration and Customs Enforcement official, added that the lack of information the government has on the deported Venezuelans "demonstrates that they are terrorists with regard to whom we lack a complete file." However, neither Cerna nor the federal government has publicly released any evidence regarding the criminal and personal history of the deportees.
The deportations have been highly controversial, setting up a judicial showdown with judge James Boasberg, who gave a verbal order to block the deportations on Saturday but saw the administration proceed anyway. The standoff continues, with Boasberg seeking more information from the administration and Republicans slamming him for going against its wishes. A Republican Rep. has even introduced articles of impeachment against Boasberg.
The administration is also reportedly considering invoking the state secrets privilege to deny the judge the additional information he is seeking. "The underlying premise of these orders, including the most recent one requiring the production of these facts ex parte today at noon, is that the Judicial Branch is superior to the Executive Branch, particularly on non-legal matters involving foreign affairs and national security," administration officials said.
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