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Deportation flights take off using obscure Alien Enemies Act despite court order

In this photo provided by El Salvador's presidential press office, prison guards transfer deportees from the U.S., alleged to be Venezuelan gang members, to the Terrorism Confinement Center in Tecoluca, El Salvador, Sunday, March 16, 2025.
El Salvador presidential press office
In this photo provided by El Salvador's presidential press office, prison guards transfer deportees from the U.S., alleged to be Venezuelan gang members, to the Terrorism Confinement Center in Tecoluca, El Salvador, Sunday, March 16, 2025.

An executive order signed by President Trump over the weekend greenlit deportation flights carrying Venezuelan nationals accused without evidence of having gang ties.

The flights took off using an obscure wartime authority called the Alien Enemies Act.

William Banks is a Professor Emeritus at Syracuse University’s Maxwell School of Citizenship and Public Affairs who specializes in military issues. He says the law was created in the 1790s, when the U.S. worried past conflict between Native American tribes and France could spill over to the new government. It has only reemerged during World War I and World War II.

“So for the Trump administration to raise it now, and to try to use that authority to try to deal with a criminal gang is pretty far-fetched. So the roadmap is unprecedented,” he said. “It’s quite rare and if the administration digs in its heels on the use of this authority and maintain that whatever the judge says they’re going to forward with the operation, then we have a crisis.”

Under the executive order, Venezuelans accused of having gang ties were stripped of due process and swiftly flown to El Salvador — despite an order from a judge barring the flight.

The ACLU has since announced legal action questioning whether the flight defied court orders.

More Fronteras Desk news

Alisa Reznick is a senior field correspondent covering stories across southern Arizona and the borderlands for the Tucson bureau of KJZZ's Fronteras Desk.