U.S. President Donald Trump has deported 238 Venezuelan citizens to El Salvador under a 1798 law of war. The U.S. administration accuses these individuals—without trial—of belonging to the Aragua Train (Tren de Aragua) criminal gang.
To carry out the deportations, President Trump is invoking a law that allows the expulsion of alleged foreign criminals without evidence or judicial proceedings.
This process has the approval of El Salvador’s President Nayib Bukele, who has agreed to receive alleged Venezuelan gang members expelled from the U.S. in exchange for $6 million.
Trump invokes 1798 wartime law to deport Venezuelans to El Salvador
The U.S. government has deported 238 Venezuelan migrants to El Salvador, accusing them—without trial—of belonging to the Aragua Train criminal gang.
The plane carrying them landed in El Salvador just hours after a federal judge ordered a halt to the deportation process.
Donald Trump’s administration has invoked the Alien Enemies Act of 1798, last used during World War II, to justify the expulsions.
In addition to the 238 Venezuelans, the U.S. has also transferred 23 alleged members of the Mara Salvatrucha gang, originally from El Salvador, to the Central American country.
The 1798 Alien Enemies Act
The Alien Enemies Act, passed in 1798, allows the U.S. president to detain and deport foreign nationals from a “hostile nation” without judicial proceedings if the country is at war with the United States or has attempted to invade it.
“Whenever there is a declared war between the U.S. and any foreign nation or government, or a predatory invasion or incursion is threatened, attempted, or perpetrated by a foreign nation or government […] all natives, citizens, residents, or subjects of the hostile nation who are males over 14 years of age and found in the U.S. [may be] deported as enemy aliens,” states the legislative text, which dates back to the late 18th century.
Trump has invoked this law, claiming that the Tren de Aragua gang is carrying out an “invasion of the United States.”
Judge halted Trump’s deportation order
The Tren de Aragua is a criminal organization that originated from a railroad union—hence its name—in the Venezuelan prison of Aragua. It was recently designated as a terrorist organization by the United States.
Judge James Boasberg of the District of Columbia had ordered a two-week freeze on the deportations, arguing that the U.S. president’s declaration was insufficient to justify invoking a law originally designed for wartime scenarios.
In fact, this law has only been used three times in history: in 1812 against the British and during both world wars against citizens of the Axis powers.
At the end of World War II, tens of thousands of people of German, Italian, and especially Japanese descent were interned in U.S. concentration camps under this law.
Despite Judge Boasberg’s ruling, U.S. authorities have not halted the deportations.
White House spokeswoman Karoline Leavitt stated at a press conference that “the administration has not refused to comply with a court order,” arguing that the judicial decision, “which has no legal basis,” was issued “after the Aragua Train terrorists had already been expelled from U.S. territory.”
El Salvador’s Bukele accepts deportation of Venezuelans
El Salvador’s President Nayib Bukele reacted to the news of Judge Boasberg’s order by posting “Oops… too late” on social media.
Bukele has faced criticism for his crackdown on organized crime in El Salvador, with mass arrests and the “inhumane” treatment of prisoners in his jails, according to Human Rights Watch.
Migrants deported by the United States have been locked up in El Salvador’s Terrorism Confinement Center (CECOT), a maximum-security mega-prison with a capacity for 40,000 inmates, where suspected gang members are held.
Bukele inaugurated CECOT in 2023, making it the centerpiece of his crime-fighting strategy, while maintaining strict secrecy over its operations and promoting it through media and social media propaganda campaigns.
The Salvadoran president openly boasted about the arrival of deportees, sharing a video on social media showcasing the treatment of detainees.
Today, the first 238 members of the Venezuelan criminal organization, Tren de Aragua, arrived in our country. They were immediately transferred to CECOT, the Terrorism Confinement Center, for a period of one year (renewable).
The United States will pay a very low fee for them,… pic.twitter.com/tfsi8cgpD6
— Nayib Bukele (@nayibbukele) March 16, 2025
Trump praises Bukele and sends $6 million to El Salvador
The recent deportations from the U.S. to El Salvador without judicial process is part of an agreement between the two countries, under which Donald Trump’s administration will pay $6 million to the Central American nation to house the detainees.
Nayib Bukele stated that the deportees will remain in the CECOT for one year, though the term is “renewable.” He also explained that accepting U.S. deportees in exchange for financial compensation will help fund the mega-prison complex.
“Over time, these actions, combined with the production already generated by more than 40,000 inmates in various workshops and jobs under the ‘Zero Leisure’ plan, will help make our prison system sustainable. As of today, it costs $200 million a year,” Bukele said.
U.S. President Donald Trump publicly thanked Bukele for accepting the deported migrants. “Thank you to El Salvador, and in particular President Bukele, for your understanding of this horrible situation,” Trump tweeted.