Opinion : Letter to the Editor: Trump Report 5/11/25

Dear Editor,
If you are like me, the whole immigration issue is confusing. To better understand the many facets of this complicated issue, I decided to do a deep dive into the subject. For the next two weeks, I will attempt to wade through the maze of issues that is so vital to understanding the problem, diving into the Alien Enemies Act, Tren de Agua, El Salvador and undocumented migrants including a case study of one of the most notable undocumented migrant, Kilmar Abrego Garcia. I have mentioned some aspects of this subject in my other columns. If you are not interested in this subject, it will probably seem boring but the bottom line for all of us is no matter if our conclusions are different, a better understanding of this complicated topic should help us all. I have labeled sections Opinion where I added my thoughts to the topic.I have spent a lot of time researching and writing this. I would appreciate if your comments do not include for me to get a life, or mental help. We have heard those comments many times before. This currently is my passion and the insults and degrading comments have not dissuaded me from continuing. Please keep your comments to the subject of immigration and no, I do not believe that illegal immigration should go on unabated. I am not for anyone, including illegal immigrants murdering, raping, and hurting others.
Immigration has long been a major problem for the U.S. Neither party Democrat nor Republican is solely responsible for the predicament we are facing today. I know there are those who want to lay this problem at the feet of President Biden and Democrats. Can we please stop trying to affix blame but rather try to understand the complexities of this problem that transcends political party? If you are a diehard supporter of the current president and can only make derogatory comments about President Biden and Democrats, please keep your opinions to yourself. We all know what you think and it does not advance any solutions or understanding if all we do is blame the other for our problems.
Where to start. I decided to start with the Alien Enemies Act because that 1798 document is the basis for most of the controversy. From the National Archives"In 1798, the United States stood on the brink of war with France. The Federalist Party, which advocated for a strong central government, believed that Democratic-Republican criticism of Federalist policies was disloyal and feared that "aliens," or non-citizens, living in the United States would sympathize with the French during a war."From the Brennan Center:
"What is the Alien Enemies Act?The Alien Enemies Act of 1798 is a wartime authority that allows the president to detain or deport the natives and citizens of an enemy nation. The law permits the president to target these immigrants without a hearing and based only on their country of birth or citizenship. Although the law was enacted to prevent foreign espionage and sabotage in wartime, it can be - and has been - wielded against immigrants who have done nothing wrong, have evinced no signs of disloyalty, and are lawfully present in the United States. It is an overbroad authority that may violate constitutional rights in wartime and is subject to abuse in peacetime.…
The president may invoke the Alien Enemies Act in times of "declared war" or when a foreign government threatens or undertakes an "invasion" or "predatory incursion" against U.S. territory."
Until this year the Alien Enemies Act was only applied three times, War of 1812, WWI and WWII actual times of war. The Alien Enemies Act was used as basis during WWII to send Japanese/Americans to internment camps.
In an effort to facilitate mass deportations quickly, President Trump has co-opted the Act by insisting that the government of Venezuela has organized and assisted the dangerous gang of Tren de Aragua to invade the U.S. bring murder and mayhem to our country. The immediate purpose was to arrest people who the U.S. government thought were members of Tren de Aragua and deport them to El Salvado in a separate arrangement with El Salvador's government to house these Venezuelans because President Maduro of Venezuela would not permit them to return. The U.S is paying El Salvador millions for this operation.
Tren de Aragua, (TDA) Venezuelan gang began in a Venezuelan Tocoron prison in 2014. Leaders of the gang ordered robberies, kidnappings and murders. When the country suffered a major economic melt-down the organization moved out of the country.
From NPR:"The Tren de Aragua eventually expanded to the United States, which is home to about 700,000 Venezuelan migrants. Besides a wave of robberies, the Tren de Aragua is suspected in the shooting of two New York Police officers and the killing of a former Venezuelan police officer in Florida.
Gang members have been arrested in Pennsylvania, Florida, New York, Texas and California. Last year, the Biden administration labelled Tren de Aragua as a transnational criminal organization, and in January, the U.S. government designated the Tren de Aragua as a foreign terrorist organization."
Trump administration tying Tren de Araqua (TDA) with the Alien Enemies Act. The Heritage Foundation detailed in Project 2025 a comprehensive plan to deport undocumented migrants. President Trump and Border Czar Tom Homan spent months creating fear that undocumented migrants were running rampant murdering and raping and they have to go. The consensus of the public is those undocumented migrants should be deported. But since the beginning of this effort after January 20th, the very migrants that Trump and Homan said would not be targeted have been swept up in this effort, even if they have not committed any crimes.
From the New Republic 04/30/25 President Bukele of El Salvador"saw an opportunity to get something he wanted. In return for taking Venezuelan detainees, he requested a list of high-ranking MS-13 members to be released into his custody. This immediately raised red flags for U.S. law enforcement officials, concerned over collaboration between Bukele's government and MS-13.Douglas Farah, an expert on El Salvador who previously collaborated with the Department of Justice on a task force targeting MS-13, told the Times that the Salvadoran government was trying to save its own skin.
"What Bukele is desperate for is to get these guys back in El Salvador before they talk in U.S. court," Farah said.
Still, the Trump administration agreed to Bukele's terms, convinced they were getting a great deal for the scale of their massive deportation undertaking.
In addition to the $6 million the Trump administration paid to hold deportees at CECOT, the prison notorious for human rights abuses, U.S. officials agreed to send a dozen senior members of MS-13." https://newrepublic.com/post/194617/donald-trump-deal-el-salvador-president-deportees
Once things were in place a dragnet took place in areas where TDA were located and our government swept up anyone who they decided without any proof were gang members. The migrants were secretly loaded on planes for El Salvador. Government authorities were notified that this was going on after the planes were in the air. An emergency court ruling demanded that the planes return to the U.S. because due process or the opportunity to prove that those on the planes were not gang members or here legally. The administration refused to abide by the order.
OPINION: The act of crossing our borders illegally is a misdemeanor charge. The goal for the Trump Administration on the campaign trail was to deport undocumented migrants in the U.S. targeting those associated with violence or other illegal activities and send them back to their home countries. During the campaign, Trump did not propose to send the illegal migrants to a prison gulag in El Salvador with little hope that the incarcerated would ever fulfill their obligation-in essence a life sentence for alleged crimes without the opportunity to defend themselves in a court of law to be sentenced fairly for the crimes. Furthermore, those sent to El Salvador are mostly Venezuelan.
For those who entered our country illegally many years ago, have not broken our laws and created a life here were supposed to be looked at on a case-by-case basis not blanket deportation tearing apart families who are just trying to live. There are migrants in the U.S, who came here illegally but pay taxes and contribute to our communities creating a positive society. Our country used to take pride in being a melting-pot where are differences were celebrated and made our society stronger. The outcome for immigrants who came here illegally but were charged with the misdemeanors were fined and then deported but unless there were other crimes charged the immigrants were not imprisoned.
In more compassionate times, the government has given the migrants amnesty who have resided in our country for many years and have established themselves to be a productive member of society. That is not happening now. It is a hard and fast rule that if you reside in the country illegally it does not make any difference what the circumstances are, families will be torn apart by sending the illegal person back to their home country even if they have been here many years or if they came here seeking asylum from a dangerous country.
Our country's foundation is based on the concept that a person is presumed innocence until proven guilty. Illegal migration is definitely a problem for our country but our values and traditions should not be compromised by failing to understand the underline reasons why so many people want to live in our country. There has to be a way to accomplish both goals with some understanding.
The intersection between Alien Enemies Act, El Salvador Cecot Prison and the courts.
When those planes left for El Salvado on the basis of the Alien Enemies Act used by the Trump administration the legal justification of the Act had not been vetted by the legal community or government officials. It was done basically in the dark. One has to wonder if the Trump Administration was confident that the Alien Enemies Act could be used to declare some sort of "war" against Venezuela in an attempt to blame the Venezuelan government for the violence that the gang Tren de Aragua was perpetrating in our country, why was the operation not done openly.
The legal community and the courts realized immediately that something was off with this operation. First, without providing any documentation that the Venezuelan government was somehow organizing or financing Tren de Aragua gang to enter the U.S. illegally to commit violent crimes. This is the basis for determining that the U.S. is at war with Venezuela.
After the inmates were on-boarded in El Salvador, those with legal representation tried to determine if they were representing was in El Salvado. A final list of detainees was finally released. When it became apparent that mistakes were made by rounding up undocumented migrants who were not members of Tren de Aragua an effort was underway to get those detained back to the U.S. In addition, the federal courts demanded to know the process for those to be returned. The whole legal reasoning of using the Alien Enemies Act as basis for this policy is being examined in the courts. It will probably go to the Supreme Court for a final opinion.
Next week-Part 2
With numerous court proceedings taking place every few days, to provide the most up-to-date information Part 2 will dive into the court decisions and also the case study for Kilmar Abrego Garcia. Since this is a complicated story, if you have any questions please use the comment section and I will try to find the answers.
Thank youRosemary Schwartz