This is the 2nd in a series of articles covering Donald Trump's efforts to end liberal democracy in the United States and replace it with authoritarian autocracy--a Trumptatorship. The 1st part, an introduction, is here.
As part of his fanatical crusade against immigrants, Trump has just invoked the Alien Enemies Act of 1798, which grants a president extraordinary powers to apprehend, detain,
expel subjects of a foreign government with which the U.S. is at war. That last is a requirement--by law, the powers Trump is claiming require that
either
congress has declared war against a foreign government or that foreign
government has invaded or otherwise attacked the U.S.. Neither of those
things have happened; Trump's invocation of the law was aimed at--not making this
up--a Venezuelan prison-gang, Tren de Aragua (TdA).
It has no more legal validity than would a Trump declaration that he's
now
the hereditary monarch, but Trump has invoked the law, claimed those
powers, asserted a version of them more extreme than has ever existed and then used them to rendition over 130 people, whom his regime arbitrarily accused of being foreigners and members of the gang, to a gulag in El Savador without
any semblance of due process, without even so much as a
hearing, in violation of both the law and an explicit court order not to rendition until the legal matters surrounding the
Act had been addressed. The attacks on the court subsequently levied by Trump and his ghouls are specifically aimed at undermining the constitutional order itself, a full-bore effort to convert public support for that order into disdain for it.
As this writer documented at some length, Trump, in the 2024 cycle, went full Nazi on immigrants, directly appropriating the rhetoric of the Third Reich in describing them as disease-carriers, as "animals," as "savages," as "garbage," as "predators" who "rape, pillage, thieve, plunder and kill." And, infamously, eat your pets. He vowed he would "liberate... our entire nation from this
mass migrant invasion of murderers and child predators and gang members,
terrorists, drug dealers, and thugs." Trump made this one of his top campaign "issues." As I wrote at the time,
"One can point out that none of this is true, that all available data indicates that immigrants commit crimes at notably lower rates than the native-born, that even if one accepts "migrant crime" as a real presidential issue--and it isn't one--it's a microscopic one, that Trump's "sources," on the rare occasions when he even has any, don't at all support his assertions, but fact-checking such talk completely misses the point, which is to demonize and dehumanize brown untermenschen as a means of politically organizing Aryan voters around hating them... It's the fascism, stupid."In mixed company, Trump would--in a game also often indulged by his apologists--sometimes take a step back and pretend to be opposed only to illegal immigrants, which wouldn't make any of his ugly rhetoric any better or defensible even if it was true, but, of course, it wasn't, and he was constantly betraying himself on the point. He embraced Nazi pseudoscience, saying immigrants commit murder because they're genetically predisposed to do so: "it's in their genes." He, in fact, repeatedly said immigrants were "poisoning the blood of our nation," directly contextualizing his virulent anti-immigrant campaign as racist blood-and-soil Nazism.
Trump's rhetoric was one of war; he vowed a fanatical crusade of, essentially, ethnic cleansing against the foreign-born blood-poisoners.
That's what's been playing out this year. The U.S. Constitution requires that those targeted by the government be given due process, and the government has established a large body of laws and system of adjudication for providing it but in an entirely cynical bid to create a pretext for getting around this, for activating, instead, extraordinary war powers, Trump arbitrarily designated several criminal gangs--Tren de Aragua was one of them--as foreign terrorist organizations (FTOs). But entirely lacking any political program--the central component of terrorism--they aren't. These gangs carry on regular criminal activity--peddling drugs, prostitution, theft, protection rackets, etc. Their violence is that of capitalists looking to make more and more money but operating outside the law. Moreover, the notion that TdA is a major threat within the U.S. is completely unsupportable, a politically-motivated phantom. The Department of Homeland Security recently estimated TdA's presence in the United States at only about 600 people. Admittedly, that comes with lots of caveats. The number is based on reassessments of Venezuelans who are known to have come to the U.S. and the U.S. and Venezuela don't share law-enforcement intel. At the same time, the 600 are people who may (or may not) have connections to TdA, not 600 members of TdA. A December Americas Quarterly article by a pair of academics, Charles Larratt-Smith and John Polga-Hecimovich, surveys the evidence and makes the case that claims about the danger allegedly posed by TdA are absurdly overblown, noting, among other things, that
"[N]early no claims made by U.S. law enforcement about crimes committed by purported members of TdA have been substantiated by hard evidence that directly connects the accused with the organization in Venezuela. In fact, none of the national, state, and local law enforcement agencies contacted in the U.S by InSight Crime in April 2024 reported any significant presence of TdA in their jurisdictions."Despite a major diaspora of those fleeing economic collapse, political repression and growing violence in Venezuela--a truly horrific situation that has Venezuelans fleeing to their regional neighbors in droves--USA Today reports that "in November, Immigration and Customs Enforcement told USA TODAY that agents had arrested fewer than 30 people with TdA connections."
On 15 March, Trump issued a proclamation invoking the Alien Enemies Act against TdA, and later that same day, he ordered 261 people to be renditioned to El Salvador, where the "president," Nayib Bukele, has been busily making himself a president-for-life, those so shipped to be stored in CECOT, a prison notorious for human rights abuses and from which no one ever leaves alive. Of those, the Trump regime said 137 were TdA and removed under the "authority" of the Alien Enemies Act, 101 were removed as a result of regular immigration proceedings and 23 were said to be members of the MS-13 gang (also falsely designated a Foreign Terrorist Organization by the regime). As noted earlier, the renditions happened in direct violation of a court order.
When rolling out the regime's talking-points on all of this, Trump's ghouls cranked up the gaslight, trying to sell war and the image of the Maximal Leaders standing tall and protecting his people from the foreign sub-human, but what Trump had actually done kept getting in the way.
White House Press Secretary Karoline Leavitt asserted that those who were renditioned--to slavery under an authoritarian regime (a move that raises a raft of other legal problems)--had been "foreign terrorist aliens." That's 3 separate claims in one phrase, and the Trump regime, which carried out all of this without so much as a trace of the due process required of it by the constitution, has neither proven nor even provided any evidence for any of them. The regime, which has insisted on keeping secret nearly every detail of this, provided no evidence that any of those renditioned were or had ever been part of the TdA or MS-13 gangs either. But calling them "terrorists," via that inaccurate designation from earlier, does play a lot better on the news than "the American dictator has declared people to be foreigners, members of Tren de Aragua and terrorists and renditioned them to a foreign tyranny without providing any evidence for any of that," doesn't it?
Asked about due process and how the regime was sure that those who were deported actually were who the regime claims they were, Leavitt said,
"I can assure the American people that Customs and Border Patrol and ICE and the Department of Homeland Security are sure about the identities of the individuals who were on these planes and the threat that they posed to our homeland. They take this incredibly seriously. They are putting their lives on the line to deport these designated terrorists from our country and they should be trusted to do that, and that's exactly what the American people elected this president to do... They should be trusted and respected by the American public with this operation."The wisdom of history is that governments are never to be trusted in such matters but that's the word from the designated mouth of the most dishonest president in the history of the republic: Trust us."
Meanwhile, a growing body of credible information developed by the press when working the story directly contradicts such "assurances." From NBC News:
"The families strongly deny that their relatives are connected to the Venezuelan gang known as Tren de Aragua, a claim the Trump administration has used to justify their quick deportations under a rarely used law from 1798, the Alien Enemies Act. They say their family members have been falsely accused and targeted because of their tattoos."Among other things, the NBC report covers a man who was legally present in the U.S., had applied for asylum and was actively going through the asylum process--kidnapped by the Trump regime and shipped off to a foreign gulag, apparently because of, in a story that has appeared again and again throughout this sordid affair, innocuous body-art.
The Miami Herald:
"Families of three men who appear to have been deported and imprisoned in El Salvador told the Miami Herald that their relatives have no gang affiliation--and two said their relatives had never been charged with a crime in the U.S. or elsewhere. One has been previously accused by the U.S. government of ties to the Tren de Aragua gang, but his family denies any connection."The New York Times:
"A growing chorus of families, elected officials and immigration lawyers have begun coming forward in the news media to reject or cast doubt on the allegations. Some lawyers--sent into frantic searches for their clients in detention centers across the country--believe their clients have been singled out simply for their tattoos... Lindsay Toczylowski, a lawyer with the Immigrant Defenders Law Center, said her client was a young professional in his 30s who worked in the arts industry and had been in detention since he sought entry into the United States last year, when he applied for asylum using an online government app, CBP One. She said her client had come under suspicion because of his tattoos, but his lawyers had not been given the opportunity to counter the claims through a court hearing."WLRN Radio:
"The administration has not released the names of the deportees. But at least one migrant who appears to be among them also appears not to be a gang member, let alone an alien enemy terrorist--and appears to have been branded as such for nothing more than a tattoo."The Miami Herald:
"Frengel Reyes Mota was supposed to be dealing with his ongoing asylum case as he fought for his chance to stay in the United States. Suddenly, he instead found himself locked up in a mega prison thousands of miles away... But the 24-year-old father does not have a criminal record in Venezuela. His U.S. immigration detention records are riddled with mistakes, raising questions about how reliable they are. He does not have tattoos and his family members deny he has any gang ties."More generally, Colorado Public Radio reports:
"A CPR News review of court records, social media posts and immigration court proceedings finds that the evidence behind claims of gang membership is frequently little more than circumstantial, if that. Tattoos of roses and clocks. A nod at a telephone when a confidential informant asks about gang membership. Attendance at a party where an ICE claim about the presence of one member of Tren de Aragua is then extended to everyone in the room as an associate."And so on. Leavitt repeatedly referred to those who were renditioned as "terrorists," called them "heinous monsters," said treating them this way was "saving countless American lives," but the regime was forced to concede in a court filing that "many" of those accused of being TdA "do not have criminal records in the United States" but, in an Orwellian twist, argued that "the lack of a criminal record does not indicate they pose a limited threat," and that, "In fact, based upon their association with TdA," an "association" for which the regime had offered no evidence whatsoever and that was one of the matters at issue,
"the lack of specific information about each individual actually highlights the risk they pose. It demonstrates that they are terrorists with regard to whom we lack a complete profile."Yowza. On 31 March, USA Today reported that
"Of the 50 people [so far] identified who have been deported to a prison in El Salvador, 44 have no criminal record in either the U.S. or Venezuela, according to Kate Wheatcroft, an immigrant rights activist with the New York-based nonprofit Together & Free."Five who, before being renditioned, had sued over all of this, have no criminal record in either country and for several who had applied for asylum and were going through that process, "their asylum claims were based in part on having been targeted by TdA itself." The Miami Herald reported that one of the renditioned had already gone through the process and had been granted asylum in the U.S.! He--already a legally-protected asylee--was targeted and renditioned by the Trump gang because he had tattoos.[1]
The "source" for the claim that TdA uses identifying tattoos appears to be the corrupt, virulently anti-immigrant Greg Abbott regime in Texas. CNN reports that
"The Texas Department of Public Safety last year identified an assortment of tattoos connected to Tren de Aragua, many relatively common: stars on the shoulder, royal crowns, firearms, trains, dice, roses, tigers and jaguars. A photo collage of the tattoos even includes a Nike 'Jumpman' logo and Michael Jordan's number 23 jersey number as an identifier of gang membership."Meanwhile, in the real world, Larratt-Smith and Polga-Hecimovich note that "the tattoos or dress codes ascribed to TdA members in the U.S. has little backing in other places where the gang has been known to operate." The Herald story notes that "experts have said that, unlike many other criminal gangs, TdA members don’t have specific, identifiable tattoos."
Perhaps most emblematic of the complete indifference of the Trump regime to who they were renditioning, eight of those shipped out were women. The Bukele regime refused to put them in a gulag designed for men--the foreign despot behaving, in this matter, more decently than the American one--and they were returned to the U.S. One of the women has since filed an affidavit in which she said, as Newsweek reported,
"Shortly after takeoff, she overheard two U.S. officials talking: 'There is an order saying we can't take off but we already have.'"...establishing, if true, that officials were aware of the court order.[2] She also "says she witnessed federal agents urging men to confess gang membership under threat," trying to get them to sign papers saying they were Tren de Aragua.
In response to the court order barring the regime from carrying out the renditions, Leavitt offered what became the regime's standard response, attacking the constitutional order itself. She asserted that the court's actions "had no legal basis" and denied that "a single judge in a single city"--that is, the representative of a co-equal branch of government operating as it was legally constituted--can issue such orders.
"Moreover, as the Supreme Court has repeatedly made clear, federal courts generally have no jurisdiction over the President's conduct of foreign affairs, his authorities under the Alien Enemies Act, and his core Article II powers to remove foreign alien terrorists from U.S. soil and repel a declared invasion."...except, of course, this wasn't a matter of "foreign affairs," Trump has no "authorities under the Alien Enemies Act" and there is no "invasion," much less any "declared" one. The notion that Trump has these same powers--granted by congress in the Act only in the extreme circumstance of wartime--as part of his "core Article II powers" is a fallback "argument," one that essentially acknowledges that the invocation of the Act is, despite all the heat used to pitch it, frivolous and will only withstand scrutiny if the courts choose to completely ignore the law and its history. At the same time, the existence of the law renders ludicrous the "core Article II" assertion; if a president already had these extraordinary powers, there would be no need to either grant them to him or, as in the Act, limit their activation only to wartime; congress wouldn't even have the power to do the latter; that congress gave itself the power to activate the Act by declaring war means the powers the Act grants don't exist in the absence of the scheme established by the Act for activating them (and, in fact, all previous uses of the law--there have only been three in the entire scope of U.S. history--occurred during wars declared by congress). This secondary "argument" that Trump has these power as an inherent part of the presidency is, for obvious reasons, a particularly insidious one and, contradicting the first, it's being advanced with an eye toward giving the right-wing Supreme Court a pick-and-choose variety-menu of rationalizations for granting Trump these powers, something the regime hopes will happen.
White nationalist, demagogue and Trump deputy chief of staff Stephen Miller says that's what they hope will happen. Apparently lost in a particularly thick haze, Miller called the judge's order, not his own boss's actions, an assault on democracy itself. Interviewed by Kasie Hunt on CNN, Miller asserted,
"The President of the United States and his administration reserve all rights under the constitution to conduct national security operations in defense of the United States. The Alien Enemies Act, which was passed into law by the founding generation of this country, men like John Adams, was written explicitly to give the president the authority to repel an alien invasion of the United States. That is not something that a district court judge has any authority whatsoever to interfere with, to enjoin, to restrict or to restrain in any way. You can read the law yourself. There's no one clause in that law that makes it subject to judicial review, let alone district court review."[emphases his]Nor, of course, does there need to be; judicial interpretation has been a fundamental feature of the American system since its founding era--the same era that produced the Alien Enemies Act. Miller insisted Trump was exercising "his core Article II powers as commander-in-chief," but the president is commander-in-chief of the armed forces; while Miller's comments are no doubt pleasing to those elements of Trump's base whose extremities stiffen at the thought of military force wielded in a holy mission against brown undermen, Trump's position in the military hierarchy is only relevant in a law-enforcement matter like this in that it's an example of the dictatorial "this is war" imagery Trump and his underlings are invoking. Miller insisted that "the president and the president alone makes the decision of what triggers" the Act--a claim belied by the plain text of the Act itself--and that his decision isn't subject to judicial review at all. Further, he rhetorically asked, "does a district-court judge have the right to direct or enjoin troop movements overseas?" A direct equation of Trump's control over domestic affairs in the U.S. to his control over the military. And, from a legal perspective, rancid rubbish. Steve Vladeck of the University of Texas School of Law points out that there was robust judicial review of presidential decisions made under the Act in all of the previous invocations of it--in the War of 1812, World War I and World War II.[3]
Miller also repeated the loony conspiracy theory outlined by Trump in his proclamation that Tren de Aragua--a gang made up of criminals imprisoned by the Venezuelan government--operated at the command of the Venezuelan government and that this justified Trump's invocation of the Act. "It is documented [in Trump's proclamation] that the TdA was sent by the Venezuelan government."
In reality, the U.S. intelligence community has, as the New York Times reports,
"concluded that the gang, Tren de Aragua, was not directed by Venezuela's government or committing crimes in the United States on its orders... Mr. Trump’s key factual assertions contradicted the earlier intelligence assessment, the officials [with which the Times spoke] said. It concluded that the gang was not acting at the direction of the Maduro administration and that the two are instead hostile to each other, citing incidents in which Venezuelan security forces exchanged gunfire with gang members... The assessment, according to one official, also portrayed the gang as lacking the resources and being too disorganized--with little in the way of any centralized command-and-control--to be able to carry out any government orders... The assessment, this official also said, asserts that when the State Department designated the gang as a foreign terrorist organization last month at Mr. Trump’s direction, a minister in the Maduro administration publicly praised the action."
The Times story also notes that
Mr. Trump's proclamation cited scant evidence for his core finding that Tren de Aragua as an organization has been committing crimes to destabilize the United States 'at the direction, clandestine or otherwise, of the Maduro regime in Venezuela.'Another detail that may just be relevant here is the fact that the Maduro regime raided the prison TdA had taken over and turned into its headquarters for most of the gang's existence and razed it to the ground. Nearly 2 years ago.
"Its most concrete detail was that the gang had expanded from 2012 to 2017, when Tareck El Aissami served as governor of the region of Aragua, and in 2017 Mr. Maduro appointed him as vice president. But the proclamation omitted that Mr. Aissami is no longer part of the Maduro administration, which is prosecuting him on corruption charges."
Meanwhile, Trump's corrupt Attorney General Pam Bondi[4] attacked the judge who issued the order,
"saying that he 'supported Tren de Aragua terrorists over the safety of Americans.' She added that the DOJ would be 'undeterred' in its work with the White House and the Department of Homeland Security to 'stop this invasion.'"Trump's "border czar" Tom Homan offered perhaps the most succinct summation of the administration's attitude, telling Fox viewers,
"I'm proud to be part of this administration. We're not stoppin'. I don't care what the judges think. I don't care what the left thinks. We're comin'."Trump was his usual reserved self:
No corruption scandals have ever touched James Boasberg, the judge in question, who was such a controversial, radical rabble-rouser that he'd gotten his first judicial appointment from a Republican (George Bush Jr.), his next (to his present post) by a Democrat (Obama)[5] and, even in this polarized political environment, was confirmed by the U.S. Senate by a vote of 96-0. While stonewalling Boasberg and flatly refusing to cooperate with the court, Trump has denounced those who have vandalized Tesla properties--a company owned by Elon Musk, Trump's head of the "Department of Government Efficiency"--as "sick terrorist thugs," Bondi condemned what she called a "wave of domestic terrorism against Tesla properties," and Trump suggested his regime would send the vandals (the "terrorists") to the same El Salvadoran prison. A small glimpse of where we're heading.
Trump's call for impeachment drew a rebuke from right-wing Supreme Court Chief Justice John Roberts, who issued a statement:
"For more than two centuries, it has been established that impeachment is not an appropriate response to disagreement concerning a judicial decision. The normal appellate review process exists for that purpose."But MAGA-aligned congressclown Brandon Gill (R-TX) immediately introduced a resolution to impeach Boasberg. It laughably misstates both the facts and the law (Gill isn't a lawyer and isn't very bright either) and provides no grounds for any impeachment for its asserted high crimes and misdemeanors and instead of just being laughed out of the room, it immediately drew 22 co-sponsors. This is becoming a regular spectacle in congress: as the courts have widely resisted Trump's illegal actions, Republican congressclowns have tried to advance impeachment against multiple judges. House Speaker Mike Johnson characterized these courts' efforts to uphold the law, as they were constituted to do, as "abuses," introduced legislation to bar district courts from issuing such injunctions,and threatened to weaponize congress' power in the face of court actions he dislikes:
"we can eliminate an entire district court. We have power over funding, over the courts and all these other things. But desperate times call for desperate measures, and Congress is going to act."Trump won the election with over 50% of voters casting their ballot against him--even if there even was such a thing as a mandate for the reactionary dictatorship he's trying to impose, this definitely ain't it--but as his numbers sink even further, Johnson fumed, "it violates separation of powers when a judge thinks that they can enjoin something that a president is doing, that the American people voted for"--a novel principle for Johnson who, like the other congressional Republicans, certainly never offered it when courts enjoined Joe Biden's actions. Trump and the rest of MAGA, in fact, praised and raved about the same kind of court-orders they now denounce as "tyrannical" when said orders were issued against the Biden administration.[6] Johnson's appeal to democracy is particularly rich--he, himself, worked to overturn the results of the 2020 election when the candidate he favored lost. That would be the candidate, now president, Johnson is backing here--the one who, himself, tried to overthrow that election and is also crowing out of his other beak about his allegedly great democratic mandate.
Documenting that kind of hypocrisy is easy but while it unquestionably illustrates the character of the players here and provides context, it's also trite, this writer finds it tiresome and it risks trivializing a matter that, just now, is of the absolute utmost importance. One can take the time to go through every part of this, as I have here, show how Trump's invocation of the Alien Enemies Act is baseless, how he's falsely said he can activate it at will and that it gives him legal superpowers it has never given any president and all the rest but the truth--one at which all this effort is getting--is that Trump doesn't care about the law. He doesn't care about the constitution. He's just a dictator doing dictatorial things and his citation of law is strictly frivolous--utilitarian window-dressing. If he thought he could mangle the annual presidential Thanksgiving Day proclamation into a legalistic pretext for and useful propaganda to sell what he wants to do here, he'd be using it. Just as before, it's the fascism, stupid.
This is gangster government, Americans. Do you really want to live under a state where what I've described here can happen? Where a president can just concoct a stream of lies then use them to assert tyrannical powers he doesn't have, ignore the law, ignore the constitution, violate both at will, declare people to be non-citizens at will, arbitrarily label them as criminals or terrorists or heinous monsters, kidnap them and rendition them to permanent slavery under a foreign despotism without having to prove or even provide any evidence of any of that, then insists that it's all beyond the scope of any legitimate review of any kind by the other duly-constituted formerly co-equal branches of government? A dictatorship where those other branches may even essentially commit suicide by agreeing to go along with and facilitate the dictator's murder of the constitutional order? Whatever you may think America's problems are, the most powerful nation in the history of the world being converted into this kind of dictatorship is a much bigger problem, a much bigger threat to you, me and to the entire world. This is not the way to anything better. But if things are allowed to be this way, they will become this way. That's the nature of this particular species of "government," each outrage against liberty becoming a precedent for further encroachment. Now, Americans, I don't, for a moment, believe that's what most of you want but that's what's upon us, and if you don't want it, you need to do something, before it's too late. Sound off, speak up, speak out while you still can. Because if this continues down the path it has, the days when you'll still be able will be numbered.
--j.
---
[1] That same Herald article covered the story of a professional soccer player who
"took part in peaceful demonstrations against the Nicolas Maduro regime [in Venezuela] in 2024. He was detained, tortured with electric shock shock and suffocation. When he was released he fled to the U.S. seeking protection."" Despite having no criminal record in Venezuela, no links to gangs and no history of violence," he, too, was kidnapped by the Trump gang and sent to El Salvador.
[2] The Trump gang have denied they violated the court order, claiming the order came too late, when the planes had already departed. The judge had ordered any planes that had taken off to return first verbally then as part of a written order. Trump's underlings have been playing a game in public of insisting the planes were already gone before the written order was issued, and Trump Press Secretary Karoline Leavitt suggested the verbal order didn't have the same legal authority of a written one--strictly Uranian. The regime retained custody of those being renditioned
[3] Vladeck also points out that Trump's "argument" for invoking the Act, "is nonsense."
"Whatever else might be said about TdA, it is not a 'foreign nation or government,' and there is no 'foreign nation or government' that is currently undertaking an 'invasion or predatory incursion' against the United States. DOJ tries to split the difference by suggesting that TdA is acting at the direction of the 'Maduro regime,' but it never actually makes the argument that would have to follow to make the statute even arguably applicable--that the Venezuelan government is responsible for the 'invasion or predatory incursion.' The Alien Enemy Act is specific on this point, and TdA just doesn’t fit the bill."[4] While Attorney General of Florida, Bondi faced complaints by Floridians defrauded by Trump as part of his "Trump University" scam. When running for reelection, Bondi solicited campaign contributions from Trump. He gave her a $25,000 "donation"--a bribe--then her office announced they'd be taking no legal action on those complaints. When Trump's original choice for Attorney General, an apparent sex-offender, blew up, he chose Bondi for the job.
[5] Boasberg is a federal judge, currently the chief judge for the U.S. District Court for the District of Columbia, not, as Trump told Fox, some "local judge."
[6] And to be clear, such injunctions are issued against every presidential administration. They all overstep at times--that's the nature of power. That Trump has drawn more of them than others reflects only his insistence on trying to run a gangster government and the judicial branch's resistance--so far--to this.