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torture
Federal Judge Rules Trump Deportations Under Alien Enemies Act 'Unlawful'
Also Thursday, Human Rights Watch released a report calling on Congress to repeal the wartime authority, the statute invoked by the U.S. President Donald Trump in March to deport over 130 Venezuelan nationals.
May 01, 2025
A federal judge ruled on Thursday that U.S. President Donald Trump has illegally invoked the Alien Enemies Act and barred further deportations under the statute, a centuries-old wartime authority used to justify the deportation of over 130 Venezuelan nationals in March to a megaprison in El Salvador.
"The court concludes that the president's invocation of the AEA through the proclamation exceeds the scope of the statute and, as a result, is unlawful," according to U.S. District Judge Fernando Rodriguez, Jr., a Trump appointee.
The judicial rebuke comes the same day that the group Human Rights Watch issued a report making the case that the Alien Enemies Act (AEA) is "entirely incompatible" with modern international law that constrains the United States with respect to human rights, and therefore should be repealed.
The report from Human Rights Watch, titled United States: Repeal the Alien Enemies Act, A Human Rights Argument, explains that the AEA was codified in 1798 and gives the president authority to detain and expel noncitizens who are nationals of a foreign country considered hostile.
The president can draw on these powers when there is a "declared war" between the U.S. and a foreign power, or when an "invasion or predatory incursion is perpetrated, attempted, or threatened" against the U.S. by a foreign nation.
When invoking the AEA, Trump accused the Venezuelan gang Tren de Aragua (TdA) of "perpetrating, attempting, and threatening an invasion or predatory incursion" in the U.S., and said that the men targeted for deportation under the AEA have ties to TdA—though available reporting also casts doubt on this assertion.
The judge in his ruling on Thursday said that the government's evidence that TdA's presence in the U.S. constitutes an "invasion" or "predatory incursion" as characterized by the AEA fell short.
The American Civil Liberties Union cheered the court's decision. ACLU attorney Lee Gelernt said in a statement on Thursday: "The court ruled the president can't unilaterally declare an invasion of the United States and invoke a wartime authority during peacetime."
While the ruling is likely also welcome to Human Rights Watch, which has already spoken out against the administration's use of AEA, in their latest report the group argues that the law should be outright repealed.
"Congress has an important role in challenging the Trump administration's use of this outdated law to supercharge its mass deportation machine," said Akshaya Kumar, crisis advocacy director at Human Rights Watch and lead author of the report, in a statement on Thursday, prior to the release of Thursday's court ruling.
Since 2020, Sen. Mazie Hirono (D-Hawaii) and Rep. Ilhan Omar (D-Minn.) have repeatedly introduced the "Neighbors Not Enemies Act," which would repeal the Alien Enemies Act. The duo reintroduced it again on January 22, days after U.S. President Donald Trump returned to the White House. The report recommends immediate debate and consideration of the Neighbors Not Enemies Act of 2025. With Republican majorities in both chambers, passage of the Neighbors Not Enemies Act is highly unlikely.
The report argues that the United States is not engaged in any war or armed conflict that is relevant to the administration's current use of the AEA, and that the law "was drafted, and has always been applied and interpreted, in a manner that is adversarial to modern-day international human rights law frameworks and the laws of war."
The U.S. is a part of multiple human rights treaties that compel the government to ensure respect for rights like due process, and protection from removal from the U.S. to countries where a person would likely face persecution or torture, according to the report.
For example, in 1994 the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (CAT) was ratified by the U.S. with the understanding the treaty "was not self-executing and required implementing legislation to be enforced by U.S. courts," according to a 2009 Congressional Research Service report.
The U.S. did enact statutes and regulations to prohibit the transfer of people to countries where they may be tortured, including the Foreign Affairs Reform and Restructuring Act of 1998.
According to Human Rights Watch, CAT prohibits "the U.S. from expelling, returning, or extraditing any person to a state where there are 'substantial grounds' for believing that he would be in danger of being subject to torture.'"
In Thursday's court ruling, the judge noted the petitioners had invoked this protection under CAT as one of their legal arguments, but the court concluded that it does "not possess jurisdiction to consider petitioners' challenges" to Trump's AEA executive order based on CAT.
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Trump's Lawlessness Comes From Seeds Planted by Bush-Cheney
The federal government’s willingness to violate federal and international law with impunity didn’t begin with Trump.
Apr 21, 2025
In 2003, the Macedonian police arrested Khaled el-Masri, a German citizen vacationing in their country. They handed the unfortunate man over to the CIA, who shipped him off to one of their “black sites.” For those too young to remember (or who have quite understandably chosen to forget), “black sites” was the name given to clandestine CIA detention centers around the world, where that agency held incommunicado and tortured men captured in what was then known as the Global War on Terror. The black site in this case was the notorious Salt Pit in Afghanistan. There el-Masri was, among other things, beaten, anally raped, and threatened with a gun held to his head. After four months he was dumped on a rural road in Albania.
It seems that the CIA had finally realized that they had arrested the wrong man. They wanted some other Khalid el-Masri, thought to be an al-Qaeda associate, and not, as Amy Davidson wrote in the New Yorker, that “car salesman from Bavaria.”
El-Masri was not the only person that representatives of the administration of President George W. Bush and Vice President Dick Cheney mistakenly sent off to another country to be tortured. In an infamous case of mistaken arrest, a Canadian citizen named Maher Arar was detained by the FBI at JFK Airport in New York while on his way home from a vacation in Tunisia. He was then held in solitary confinement for two weeks in the United States, while being denied contact with a lawyer before ultimately being shipped off to Syria. There, he would be tortured for almost a year until the Canadian government finally secured his release.
An “Administrative Error”
I was reminded of such instances of “extraordinary rendition” in the Bush-Cheney era when I read about the Trump administration’s March 2025 deportation of Kilmar Armando Abrego García to a grim prison in El Salvador. Because of threats against him and his family from Barrio 18, a vicious Salvadoran gang, Abrego García had fled that country as a young teenager. He entered the U.S. without papers in 2011 to join his older brother, already a U.S. citizen.
He was arrested in 2019, while seeking work as a day laborer outside a Home Depot store and handed over to U.S. Immigration and Customs Enforcement (ICE), which accused him of being a member of another Salvadoran gang, MS-13. This proved a false claim, as the immigration judge who heard his case agreed. While not granting Abrego García asylum, the judge assigned him a status — “withholding from removal” — which kept him safe in this country, because he faced the possibility of torture or other violence in his homeland. That status allowed him to work legally here. He married a U.S. citizen and they have three children who are also U.S. citizens.
Then, on March 12, 2025, on his way home from his job as a sheet-metal apprentice, he was suddenly stopped by ICE agents and arrested. They told him his status had been revoked (which wasn’t true) and promptly shipped him to various detention centers around the country. Ultimately, he was deported to El Salvador without benefit of legal assistance or a hearing before an immigration judge. As far as is known, he is now incarcerated at CECOT, the Center for the Confinement of Terrorists, a Salvadoran prison notorious for the ill treatment and torture of its inmates. While built for 40,000 prisoners, it now houses many more in perpetually illuminated cells, each crammed with more than 100 prisoners (leaving about 6.5 square feet of space for each man. It is considered “one of the most dangerous prisons in the Western Hemisphere” with “some of the most inhumane and squalid conditions known in any carceral system.” Furthermore, among the gangs reported to have a substantial presence at CECOT is Barrio 18, the very crew Abrego García fled El Salvador to escape so many years ago.
The Trump Justice Department has now admitted that they made an “administrative error” in deporting him but have so far refused to bring him home. Responding to a Supreme Court ruling demanding that the government facilitate his return, the Justice Department on April 12th finally acknowledged to the D.C. district court that he “is currently being held in the Terrorism Confinement Center in El Salvador.” Its statement continued: “He is alive and secure in that facility. He is detained pursuant to the sovereign, domestic authority of El Salvador.” On April 14, 2025, in contemptuous defiance of the supreme court, President Trump and his Salvadoran counterpart Nayib Bukele made it clear to reporters that Abrego García will not be returning to the United States.
Previously, the government’s spokesman, Michael G. Kozak, who identified himself in the filing as a “Senior Bureau Official” in the State Department’s Bureau of Western Hemisphere Affairs, had failed to comply with the rest of Judge Paula Xinis’s order: to identify what steps the administration is (or isn’t) taking to get him released. The judge has insisted that the department provide daily updates on its efforts to get him home, which it has failed to do. Its statement that Abrego García “is detained pursuant to the sovereign, domestic authority of El Salvador” suggests officials intend to argue that — despite paying the Salvadoran government a reported six million dollars for its prison services — the United States has no influence over Salvadoran actions. We can only hope that he really is still alive. The Trump administration’s truth-telling record is not exactly encouraging.
Extraordinary Rendition
The technical term for such detainee transfers is “extraordinary rendition.” “Rendition” involves sending a prisoner to another country to be interrogated, imprisoned, and even possibly tortured. Rendition becomes “extraordinary” when it occurs outside of normal legal strictures, as with the cases of el-Masri and Ahar decades ago,, and Abrego García today. Extraordinary rendition violates the United Nations Convention Against Torture, which explicitly prohibits sending someone to another country to be mistreated or tortured. It also violates U.S. anti-torture laws. As countless illegal Trump administration acts demonstrate, however, illegality is no longer a barrier of any sort to whatever its officials want to do.
Two other flights left for El Salvador on the day Abrego García was rendered. They contained almost 200 people accused of being members of a Venezuelan gang, Tren de Aragua, and were similarly deported under the Alien Enemies Act of 1798 without any hearings. Are they actually gang members? No one knows, although it seems likely that at least some of them aren’t. Jerce Reyes Barrios, for example, was a Venezuelan soccer coach who sought asylum in the U.S. and whose tattoo, celebrating the famous Spanish soccer team Royal Madrid, was claimed to be evidence enough of his gang membership and the excuse for his deportation.
Andry José Hernández Romero is another unlikely gang member. He’s a gay makeup artist who entered the United States last August to keep a pre-arranged asylum appointment. Instead, he was arrested and held in detention until the Tren de Aragua flights in March. The proof of his gang membership? His “Tres Reyes” or “Three Kings” tattoos that were common in his hometown in Venezuela.
In fact, all 200 or so deportees on those flights have been illegally rendered to El Salvador in blatant defiance of a judge’s court order to stop them or return those already in the air. None of those men received any sort of due process before being shipped off to a Salvadoran hellhole. In response, Salvadoran President Nayib Bukele tweeted, “Oopsie… Too late” with a laughing-face emoji.
Even U.S. citizens are at risk of incarceration at CECOT. After Secretary of State Marco Rubio met with President Bukele, the State Department’s website praised his “extraordinary gesture never before extended by any country,” an offer “to house in his jails dangerous American criminals, including U.S. citizens and legal residents.” Trumpreiterated his interest in shipping “homegrown criminals” to El Salvador during his press conference with Bukele. As former federal prosecutor Joyce Vance has observed, “If it can happen to Abrego Garcia, it can happen to any of us.”
It Didn’t Start with Trump
It’s tempting to think of Donald Trump’s second term as a sui generis reign of lawlessness. But sadly, the federal government’s willingness to violate federal and international law with impunity didn’t begin with Trump. If anything, the present incumbent is harvesting a crop of autocratic powers from seeds planted by President George W. Bush and Vice-President Dick Cheney in those war on terror years following the attacks of September 11, 2001. In their wake, the hastily-passed Patriot Act granted the federal government vast new detention and surveillance powers. The Homeland Security Act of 2002 established a new cabinet-level department, one whose existence we now take for granted.
As I wrote more than a decade ago, after September 11th, torture went “mainstream” in the United States. The Bush administration cultivated an understandable American fear of terrorism to justify abrogating what, until then, had been a settled consensus in this country: that torture is both wrong and illegal. In the face of a new enemy, al-Qaeda, the administration argued that the requirements for decent treatment of wartime detainees outlined in the Geneva Conventions had been rendered “quaint.” Apparently, wartime rights granted even to Nazi prisoners of war during World War II were too risky to extend to that new foe.
In those days of “enhanced interrogation,” I was already arguing that accepting such lawless behavior could well become an American habit. We might gradually learn, I suggested, to put up with any government measures as long as they theoretically kept us safe. And that indeed was the Bush administration’s promise: Let us do whatever we need to, over there on the “dark side,” and in return we promise to always keep you safe. In essence, the message was: there will be no more terrorist attacks if you allow us to torture people.
The very fact that they were willing to torture prisoners was proof that those people must deserve it — even though, as we now know, many of them had nothing whatsoever to do with al-Qaeda or the September 11th attacks. (And even if they had been involved, no one, not even a terrorist, deserves to be tortured.)
If you’re too young to remember (or have been lucky enough to forget), you can click here, or here, or here for the grisly details of what the war on terror did to its victims.
The constant thrill of what some have called security theater has kept us primed for new enemies and so set the stage for the second set of Trump years that we now find ourselves in. We still encounter this theater of the absurd every time we stand in line at an airport, unpacking our computers, removing our shoes, sorting our liquids into quart-sized baggies — all to reinforce the idea that we are in terrible danger and that the government will indeed protect us.
Sadly, all too many of us became inured to the idea that prisoners could be sent to that infamous offshore prison of injustice at Guantánamo Bay, Cuba, perhaps never to be released. (Indeed, as of January 2025, of the hundreds of people incarcerated there over the years, 15 war on terror prisoners still remain.) It should perhaps be no surprise, then, that the second time around, Donald Trump seized on Guantánamo as a possible place to house the immigrants he sought to deport from this country. After all, so many of us were already used to thinking of anybody sent there as the worst of the worst, as something other than human.
Dehumanizing the targets of institutionalized mistreatment and torture proved to be both the pretext for and a product of the process. Every torture regime develops a dehumanizing language for those it identifies as legitimate targets. For example, the torturers employed by the followers of Augusto Pinochet, who led Chile’s 1973 military coup, typically called their targets “humanoids” (to distinguish them from actual human beings).
For the same reason, the Israel Defense Forces now refer to just about anyone they kill in Gaza or on the West Bank as a “terrorist.” And the successful conflation of “Palestinian” with “terrorist” was all it took for some Americans to embrace Donald Trump’s suggestion that Gaza should be cleared of its people and turned into the “Riviera of the Middle East” for Israelis, Americans, and foreign tourists.
Trump’s representatives have used the same kind of language to describe people they are sending to that prison in El Salvador. His press secretary, Karoline Leavitt, referred to them as “heinous monsters,” which is in keeping with Trump’s own description of his political opponents as inhuman “vermin.” At a rally in New Hampshire in 2023, Trump told the crowd, “We pledge to you that we will root out the communists, Marxists, fascists, and the radical left thugs that live like vermin within the confines of our country.” Here he was talking not only about immigrants, but about U.S. citizens as well.
After years of security theater, all too many Americans seem ready to accept Trump’s pledge to root out the vermin.
It Can Happen to You
One difference between the Bush-Cheney years and the Trump ones is that the attacks of September 11, 2001, represented a genuine and horrific emergency. Trump’s version of such an emergency, on the other hand, is entirely Trumped-up. He posits nothing short of an immigration “invasion” — in effect, a permanent 9/11 — that “has caused widespread chaos and suffering in our country over the last 4 years.” Or so his executive order “Declaring a National Emergency at the Southern Border of the United States” insists. To justify illegally deporting alleged members of Tren de Aragua and, in the future (if he has his way), many others, he has invented a totally imaginary war so that he can invoke the 1798 Alien Enemies Act, which was last used during World War II to justify the otherwise unjustifiable internment of another group of dehumanized people in this country: Japanese-Americans.
Donald Trump has his very own “black site” now. Remember that El Salvador’s Nayib Bukele is perfectly willing to receive U.S. citizens, too, as prisoners in his country. Supreme Court Justice Sonia Sotomayor, joined by Justices Elena Kagan and Ketanji Jackson, made that point in a statement that accompanied that court’s recent order requiring the Trump administration to facilitate Kilmar Abrego García’s return to the United States. They wrote, “The Government’s argument, moreover, implies that it could deport and incarcerate any person, including U.S. citizens, without legal consequence, so long as it does so before a court can intervene.”
As the justices remind us, it can happen here. It can happen to you.
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'Every Atrocity Imaginable': Litany of Israeli War Crimes Continues
"Genocide, ecocide, mass infanticide, rape, sexual assault, torture, slavery, sniping children, bombing hospitals, executing aid workers," said one critic. "We are funding an endless nightmare and it should haunt us forever."
Mar 31, 2025
As Israel Defense Forces bombing continued to kill and maim large numbers of Palestinians across the Gaza Strip over the weekend and into Monday, the discovery of the bodies of medical workers who were apparently executed by their captors and the publication of several reports in which Israeli soldiers admit to torturing prisoners and using civilians as human shields have drawn renewed war crimes accusations and calls for accountability.
On Sunday, the Palestine Red Crescent Society (PRCS) said it had recovered the bodies of 15 Palestinian first responders from a mass grave, including eight Red Crescent workers and six Civil Defense personnel, who were killed by Israeli forces on March 23 while traveling "on duty" in five ambulances, a fire truck, and a United Nations vehicle in the al-Hashashin area of southern Gaza.
Jonathan Whittall, head of the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) in Gaza, said Sunday that the first responders were picked off "one by one."
"Their bodies were gathered and buried in this mass grave," Whittall added. "We're digging them out with uniforms, with their gloves on. They were here to save lives. Instead, they ended up in a mass grave."
The IFRC condemns the killing of eight Palestine Red Crescent Society medics in Gaza.We are heartbroken. These dedicated humanitarians, killed while responding to the wounded, should have been protected. We mourn their loss and stand with the Palestine Red Crescent.Full statement: bit.ly/427LXxp
[image or embed]
— IFRC (@ifrc.org) March 30, 2025 at 11:47 AM
The Gaza Health Ministry said that "some of these bodies were bound and shot in the chest" before being "buried in a deep hole to prevent their identification."
Accusing Israel of a "heinous crime," the ministry called on U.N. agencies "and relevant international bodies to conduct an urgent investigation into these crimes and hold the occupation accountable for committing them."
An Israel Defense Forces (IDF) spokesperson said troops opened fire on the convoy because it was "advancing suspiciously" toward their position.
"Following an initial assessment, it was determined that the forces had eliminated a Hamas military operative, Mohammad Amin Ibrahim Shubaki, who took part in the October 7 massacre, along with eight other terrorists from Hamas and the Islamic Jihad," the spokesperson claimed.
Israeli officials routinely claim—often with little or no evidence—that Palestinian first responders, United Nations workers, journalists, and other civilians that it kills are members of Hamas or other militant resistance groups.
The International Federation of Red Cross and Red Crescent Societies (IFRC) said in a statement Sunday that it is "outraged" by the killings, which it called "the single most deadly attack on Red Cross Red Crescent workers anywhere in the world since 2017."
"After seven days of silence and having access denied to the area of Rafah where they were last seen, the bodies of ambulance officers Mostafa Khufaga, Saleh Muamer, and Ezzedine Shaath and first responder volunteers Mohammad Bahloul, Mohammed Al-Heila, Ashraf Abu Labda, Raed Al Sharif, and Rifatt Radwan were retrieved today," the statement noted. "Ambulance officer Assad Al-Nassasra is still missing."
Noting that at least 30 Red Crescent workers and volunteers have been killed by Israeli forces during the war, IFRC secretary general Jagan Chapagain said: "I am heartbroken. These dedicated ambulance workers were responding to wounded people. They were humanitarians. They wore emblems that should have protected them; their ambulances were clearly marked. They should have returned to their families; they did not."
"Even in the most complex conflict zones, there are rules," Chapagain stressed. "These rules of international humanitarian law could not be clearer—civilians must be protected; humanitarians must be protected. Health services must be protected."
"Our network is in mourning, but this is not enough," he added. "Instead of another call on all parties to protect and respect humanitarians and civilians, I pose a question: When will this stop? All parties must stop the killing, and all humanitarians must be protected."
Journalist Mohammad Alsaafin compared the killings to last year's IDF massacre of 6-year-old Hind Rajab, five of her relatives, and two PRCS medics who rushed to the site of the attack in a doomed bid to rescue the wounded child after she called for help.
On Sunday, the British newspaper The Independent published an investigation into alleged Israeli torture of Palestinians detained at facilities including Ofer Prison in the illegally occupied West Bank and the notorious Sde Teiman base in the Negev Desert.
The report begins:
Handcuffed and cowering on the floor of a cell in a military base in southern Israel, the Palestinian found himself surrounded by five soldiers. Armed with dogs, the five reservists allegedly kicked, punched, and stamped on the man as he lay on the ground. Continuing their assault, they are accused of attacking him with Taser guns and sharp objects, sexually abusing him with these instruments. At one point, the soldiers allegedly stabbed him so hard that they pierced his buttocks and anus. The brutal alleged assault left the man hospitalized with a punctured lung, cracked ribs, and a tear in his rectum needing surgery for a stoma. He had not been charged with any crime.
The Independent noted details regarding some of the dozens of Palestinian detainees who have died in Israeli custody. The IDF is currently conducting its own probe into the deaths of at least 36 Sde Teiman prisoners, including one who died after allegedly being sodomized with an electric baton.
"The fact that we see some signs of abuse means that this is probably the tip of the iceberg," said one Israeli physician who has overseen multiple autopsies on dead detainees.
In an anonymous testimony leaked to The Independent, one Sde Teiman guard described a prevailing attitude of "Yes, they need to be beaten, it must be done."
"We began looking for opportunities to do so," the soldier said, adding that when he spoke out against the beating of one detainee, he was told, "Shut up, you leftist, these are Gazans, these are terrorists, what's wrong with you?"
One former Sde Teiman detainee said that "every meter you moved, they beat you, they hit you, they insulted you; they used dogs, tear gas, and electric shock."
IDF troops and veterans who were posted at Sde Teiman have provided similar details about "Israel's Abu Ghraib," a reference to the U.S. torture prison outside Baghdad during the Iraq War. Israeli doctors and medics have described forced starvation and 24-hour shackling so severe that prisoners have had limbs amputated.
A number of Sde Teiman guards were arrested last year following the leak of a video allegedly showing them raping a Palestinian detainee. The arrests outraged far-right Israelis, a mob of whom stormed Sde Teiman in a failed bid to free the accused guards.
As The Independent noted, "Among those held in [Israeli] detention are many of Gaza's healthcare workers, including doctors, nurses, and paramedics." Some of these prisoners have died in custody, including the renowned surgeon Dr. Adnan al-Bursh, who may have been raped to death, according to Francesca Albanese, the U.N. special rapporteur on the situation of human rights in the Palestinian territory occupied since 1967.
Earlier this month, an independent U.N. panel found that Israel has "systematically" used reproductive, sexual, and other forms of gender-based violence against Palestinian men, women, and children during the war.
The IDF has responded to these and other allegations by claiming it "operates in accordance with international law."
However, the International Criminal Court last year issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Israeli Defense Minister Yoav Gallant—who ordered a "complete siege" of Gaza blamed for deadly starvation and disease there—for alleged war crimes and crimes against humanity. Israel is also the subject of an ongoing International Court of Justice genocide case brought by South Africa.
Also on Sunday, Haaretz, Israel's oldest newspaper, published a piece by an anonymous Israel soldier who said that "in Gaza, almost every IDF platoon keeps a human shield."
"We operate a sub-army of slaves," the soldier said, describing how innocent Palestinians are used to check buildings for Hamas fighters or booby traps before IDF troops enter.
"I recently saw that the IDF's Military Police Criminal Investigation Division opened six investigations into the use of Palestinian civilians as human shields, and my jaw dropped," he wrote. "I've seen cover-ups before, but this is a new low."
Previous reporting has detailed the IDF's widespread use of Palestinian civilians—including children—as human shields in Gaza. The IDF even has a name for the practice—the "mosquito protocol." In one case, an 80-year-old man was used as a human shield before being shot dead by Israeli troops.
The IDF's thoroughly documented use of noncombatants as human shields stands in start contrast with mostly baseless claims of Hamas using Palestinian civilians in such a manner.
The new reports come as Israeli forces continued their assault on Gaza. Health and medical officials in Gaza said at least 41 Palestinians were killed in airstrikes throughout the strip on Monday, the second day of the Muslim holiday Eid al-Fitr. This followed the killing of at least 64 Palestinians across Gaza on Sunday.
Approximately 1,000 Palestinians have been killed in Gaza since Israel resumed its assault on the embattled coastal enclave on March 18, including hundreds of children. Israel's 542-day annihilation of Gaza has left more than 175,000 Palestinians dead, wounded, or missing since October 7, 2023, when Hamas led the deadliest-ever attack on Israel.
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