How Trump Snuck His Mass Deportations Past the Courts
Donald Trump’s administration has come under fire in the courts for its deportation policies.

Donald Trump’s sinister plan to deport noncitizens under the Alien Enemies Act included several steps specifically designed to help evade judicial review, Talking Points Memo reported Wednesday.
It all began weeks before the secretive deportations on March 15 took place, when Trump entered office and immediately signed an executive order labeling Venezuelan gang Tren de Aragua as a terrorist organization. This helped to set the stage for the president to invoke the Alien Enemies Act, suspending alleged members’ due process to deport them.
As soon as early February, Immigration and Customs Enforcement began arresting Venezuelan asylum-seekers. In several cases, individuals were detained at their regular check-ins with federal authorities and brought into ICE custody on the basis of their supposedly suspicious tattoos.
“From there, no further due process or examination to determine whether these people were actually TdA members appears to have taken place,” TPM reported.
The White House claimed that authorities had determined beyond a doubt that the more than 100 Venezuelans deported to El Salvador earlier were “terrorist” members of the TdA but refused to reveal operational details of how they were able to determine this. Trump’s border czar Tom Homan claimed that authorities had used social media, surveillance, sworn statements from gang members, and wire taps to determine supposed gang affiliation.
Over the course of the next month, the alleged members of TdA were slowly moved closer and closer to the airfield in South Texas where the flights to El Salvador departed, according to multiple immigration attorneys who spoke with TPM.
One soon-to-be deported Venezuelan missed an immigration court hearing in Elizabeth, New Jersey, because he had been inexplicably moved to a detention facility in South Texas. Others were moved from Pennsylvania, California, and Louisiana. Attorneys struggled to keep track of their clients as they were slowly arranged, ahead of Trump’s invocation of the AEA, like dominoes to fall.
The night before the flights took off, the Venezuelans received misleading information about where they were actually going. One group was placed on an aircraft and told they were going back to Venezuela.
Attorney Martin Rosenow was in disbelief when he received a tearful phone call from his client’s wife, saying her husband was being deported back to Venezuela.
“For me, it was impossible, because he still had an open asylum pending and you can’t be deported without being given due process. So at first I told her, ‘You know what? I think he’s just being transferred to another facility because his case is still ongoing,’” Rosenow told TPM. “It’s impossible that he’d be deported.”
Both Rosenow and the family were left confused and unprepared to challenge his client’s subsequent deportation to a torture prison in El Salvador.
Crucially, family members and attorneys were not made aware of the removal of their loved ones and clients, making it impossible to challenge their removal.
John Dutton, an attorney for one of the Venezuelan nationals, told TPM that it seemed to him that every move had been purposefully orchestrated. “They knew that what they were doing was wrong,” Dutton said. “The way they did it, how they did it, in the middle of the night, how they didn’t allow them to tell their families. They didn’t tell them. They didn’t tell us as attorneys.”
Still, rumors that Trump had invoked the AEA circulated, and at 2 a.m. on March 15, Lee Gelernt, an ACLU attorney, filed suit to block their removals. While the White House said the AEA order was signed on March 14, it did not appear on the government’s website until 3:53 p.m. the next day.
Within only hours of its posting, two flights departed, carrying more than 100 Venezuelans nationals, who had not been afforded their due process rights to a hearing, out of the country.
All of these measures indicate that the government took extensive steps to strip noncitizens of their rights ahead of their deportation. As Judge James Boasberg wrote in an order Monday, the speed at which the deportees were removed “implied a desire to circumvent judicial review.”