Due Process is Essential

On March 15, the Trump Administration allegedly invoked the Alien Enemies Act of 1798 to deport summarily deport alleged members of Tren de Aragua (TdA), a gang based in Venezuela, without the necessity of a hearing to prove the people are actually criminals or gang members. The proclamation claimed that the Alien Enemies Act gave Trump the authority to  deport anyone without a hearing. President Trump denied signing the proclamation.

Now, evidence proves that several people deported without due process were innocent asylum seekers in the United States legally.

The Miami Herald reported Gustavo Adolfo Aguilera Agüero. Aguilera Agüero has no connection to any gang including TdA. He is a roofer from Texas and does not have a criminal record. He was arrested because of his tattoos, which include a common crown with his son’s name and a star with his name and his mother’s name.

According to Reuters, Anyelo Sarabia González legally crossed the border in November 2023 to seek asylum. Authorities argue his tattoos connected him to TdA. Sarabia got the tattoo of a rose in Dallas because he “thought it looked cool, looked nice,” and that he is not in a gang.

The New York Times reported Francisco Javier García Casique legally entered the U.S. seeking asylum in 2023, and was detained last year by immigration officials and placed under investigation due to his tattoos, which include a crown and the names of his family members. He was labeled a “suspected member” of TdA, before a “judge ultimately decided that he did not pose a danger and allowed him to be released as long as he wore an electronic device to track his movements,” according to his mother.

The Alien Enemies Act does not authorize any president to deport anyone without due process. The law is limited to when a war has been declared against another country. The United States has not declared war with Venezuela and did not “invade” the United States.