Trump Administration’s Use of Alien Enemies Act Sparks Legal Firestorm Over Mass Deportation of Venezuelans
Washington, D.C. — A controversial Trump administration initiative invoking the Alien Enemies Act to deport Venezuelan immigrants accused of gang affiliation has triggered a constitutional showdown and alarmed human rights groups, civil rights advocates, and federal judges.
For only the fourth time in U.S. history, the Alien Enemies Act — a rarely used wartime statute from 1798 — is being invoked. This time, it’s being used to justify the summary deportation of Venezuelan immigrants over alleged links to the Tren de Aragua, a violent transnational criminal organization labeled a terrorist group by the administration.
But critics argue the government’s evidence amounts to little more than a scoring system based on tattoos, fashion choices, and social media activity — a system that can result in indefinite detention in El Salvador’s notorious high-security prisons, where inmates are often held incommunicado and under brutal conditions.
A “Scorecard” with Life-Altering Consequences
At the center of the policy is the “Alien Enemies Act Validation Guide,” a document used by Immigration and Customs Enforcement (ICE) to determine gang affiliation. According to the ACLU, which obtained the guide in court, a score of just eight points is enough to label a Venezuelan as a gang member and deport them without trial.
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Tattoos are worth four points.
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Wearing “gang-associated dress” — such as high-end streetwear or clothing with Michael Jordan logos — is another four points.
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Additional points can be tallied for texting or sending money to known gang members, appearing in a group photo, or even living in the same home as a suspected affiliate.
ICE officers also have wide discretion to deport someone even if they fall short of the eight-point threshold.
“This so-called ‘validation’ process is a fast track to exile,” said an ACLU attorney. “People are being disappeared into a Salvadoran prison system based on internet photos, fashion trends, or old tattoos.”
Real Lives, Real Consequences
Court filings from ACLU attorneys detail harrowing stories of Venezuelan asylum seekers being swept into the system without warning — deported before court hearings, denied legal counsel, and in many cases, possessing no criminal record.
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Andry Jose Hernandez Romero, a gay makeup artist, was deported without notice to his attorney. His tattoos — two crowns with the words “mom” and “dad” — were cited as evidence of gang ties, despite having passed a credible fear interview based on persecution in Venezuela.
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Neri Alvarado Borges was deported for a rainbow-colored autism awareness ribbon tattoo bearing his brother’s name. ICE agents allegedly told him he was “clean,” only for another officer to detain and remove him weeks later.
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Jerce Reyes Barrios, a professional soccer coach, fled political persecution in Venezuela and had an immigration hearing scheduled. ICE deported him early, citing a tattoo of a crown on a soccer ball — a tribute to Real Madrid — as evidence of gang affiliation.
All were deported to El Salvador — a country they are not from — under the claim that Tren de Aragua operates transnationally and that the Salvadoran government had agreed to house deportees in its high-security prison system.
A “Tropical Gulag”
The prison receiving deportees has been described by human rights observers as a “tropical gulag” — overcrowded, unsanitary, and violent. Once inside, inmates have little access to legal counsel or communication with the outside world.
Images released by Salvadoran authorities show dozens of handcuffed men — including Venezuelans deported under Trump’s order — being herded into the prison in bare feet and shackles. Rights groups have expressed concern that some may face torture, abuse, or death.
Constitutional Clash Over Executive Power
The removals have set up a direct challenge between the executive and judicial branches. On March 15, as three deportation flights carrying Venezuelan men were airborne, District Judge James Boasberg issued an emergency order instructing the planes to return. The administration ignored it.
Boasberg is now investigating whether the Trump administration deliberately defied a federal court — raising fears of a growing constitutional crisis.
“This is not just about immigration anymore,” said a former federal judge who requested anonymity. “It’s about whether the executive branch believes it can act without any judicial oversight.”
Appellate Judge Patricia Millett issued a scathing rebuke of the administration’s position, writing that “zero process” cannot justify the life-threatening consequences of these deportations.
“The Constitution’s demand of due process cannot be so easily thrown aside,” she wrote.
Trump’s Legal Team Appeals to Supreme Court
The administration is now petitioning the U.S. Supreme Court to overturn lower court rulings that have frozen parts of the Alien Enemies Act deportations. In response to growing public scrutiny, Secretary of State Marco Rubio admitted that “many” of the deportees had no criminal records and were simply deemed “not productive” to the U.S.
When pressed about the scorecard criteria, White House press secretary Karoline Leavitt did not dispute its accuracy.
“Shame on the media for questioning the credibility of agents who are putting their lives on the line,” she said during a tense briefing. “They finally have a president allowing them to do their jobs. God bless them for doing it.”
What’s Next?
Legal experts say the outcome of this case could redefine the limits of executive authority over immigration, especially during peacetime.
In the meantime, the ACLU is seeking a preliminary injunction to halt further deportations under the Alien Enemies Act. They argue that the rushed removals and lack of transparency violate due process and put innocent lives at risk.
If the courts do not intervene, attorneys warn, hundreds more could be deported without notice, trial, or the opportunity to prove their innocence — and potentially vanish forever inside a foreign prison.
