Trump administration’s deportation of Venezuelan gang members faces legal scrutiny

The Trump administration deported more alleged Venezuelan and MS-13 gang members to El Salvador last weekend, the U.S. State Department confirmed on Monday, citing the Alien Enemies Act of 1798. But multiple judges have questioned the legality of these deportations.

According to former Washington Attorney General Rob McKenna, the Alien Enemies Act is aimed at people who are from a country the U.S. is at war with, raising questions about whether the U.S. is in an undeclared state of war with Venezuela.

“There are due process rights for individuals who are being detained,” McKenna said on “Seattle’s Morning News” on KIRO Newsradio. “This is the central issue in the case involving Judge Boasberg and the Venezuelan gang members who were sent down to El Salvador: Do they require due process if they were a threat to national security? Maybe not, or maybe not as much due process. But what he was asking is, what process did the government follow to determine who among those people who are on those airplanes that went to El Salvador had been determined to be members of gangs.”

Judge Boasberg challenges legality of Trump’s deportations

U.S. District Judge James Boasberg is looking into whether the deportations of approximately 200 migrant gang members occurred legally, and what the punishment should be if the Trump Administration violated the law.

“The larger point here is, at the border or if you cross the border illegally, you have less protection than someone who is a citizen does,” McKenna said. “Even citizens of America have somewhat fewer protections when they’re crossing the border than you would normally expect to have under the Fourth Amendment, which protects us from unreasonable searches and seizures.”

Listen to the full conversation below.

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