Trump Linked Tren De Aragua With Venezuela's Regime To Conduct Swift Deportations, But The Intelligence Says Otherwise

President Donald Trump has said that Venezuelan-born gang Tren De Aragua is operating under the direction of Venezuela's authoritarian leader Nicolás Maduro, a claim that played a key role in his decision to invoke a centuries-old wartime law to swiftly deport hundreds of nationals of the South American country.

However, a recent intelligence assessment contradicts that claim and concluded that is not the case, the New York Times reported, citing officials familiar with the report.

The intelligence community's findings cast doubt on Trump's justification for invoking the Alien Enemies Act of 1798, which administration used to transfer the migrants to an infamous high-security prison in El Salvador without due process.

The assessment, which represents the consensus of multiple intelligence agencies, reportedly determined that the gang was neither directed by the Venezuelan government nor committing crimes in the United States on its behalf.

The report found no evidence supporting that assertion and described the gang as disorganized, lacking the capacity to execute state-directed operations. It also noted that Venezuelan security forces have engaged in violent clashes with the group, suggesting hostility rather than coordination.

Analysts assigned a "moderate" confidence level to this conclusion however, citing limited available intelligence on the group. The CIA and NSA supported the finding, while the FBI partially dissented, arguing that there was a connection between the gang and the Maduro government. The other agencies deemed that information unreliable.

Trump's use of wartime powers has set up a legal battle over the scope of executive authority. A judge in Washington issued a temporary order blocking further expulsions under the law, prompting the Justice Department to appeal, arguing that the judiciary should not interfere in national security matters. The case is now before the D.C. Circuit Court of Appeals, with a panel of judges set to hear arguments.

Critics have questioned the administration's insistence that all deported individuals were gang members. Several deportees and their families have denied any involvement, saying that they were taken under feeble pretenses, such as tattoos and social media gestures, even though the gang does not have any such identifiers.

One such case involved former professional soccer player Jerce Reyes Barrios, who was accused of belonging to Tren de Aragua based on a tattoo and a hand gesture he made in a photo on social media.

Despite having no criminal record and providing evidence supporting his asylum claim, the Department of Homeland Security (DHS) alleged Reyes Barrios was a member ofTren de Aragua. In early March he was abruptly moved to a detainment facility in Texas, then deported to El Salvador on March 15.

According to court documents filed Wednesday, ICE officials had flagged a social media photo of Reyes Barrios making a gesture they believed was a gang symbol. However, his attorney, Linette Tobin, noted the gesture translates to "I love you," in sign language, and also closely resembles the gesture for "rock n' roll."

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.