The Trump administration said on Monday that it planned to extradite a handful of Venezuelan men to Chile after declaring them subject to the Alien Enemies Act, a wartime law whose novel use is the subject of a pitched court battle.
In a statement, Justice Department officials said three men had been declared “alien enemies” and would be sent to Chile to face criminal charges there. The men are Venezuelan citizens, though one is also a citizen of Ecuador and another a citizen of Colombia.
Extradition is a long-established, frequently used process of sending accused criminals to face charges in another country. By citing the Alien Enemies Act, the Trump administration seems to be highlighting its aggressive posture on the contested legal issue without taking steps that might be deemed to violate a temporary restraining order issued by a federal judge.
Because the men are being extradited to face charges in a foreign country, their cases are different from the hurried deportations of more than 100 Venezuelans this month and will be the subject of a federal appeals court hearing Monday afternoon.
In the announcement on Monday, the administration again criticized the judge who issued that order, James E. Boasberg. “We would have already removed these violent gang members to Chile to face justice were it not for the nationwide injunction imposed by a single judge,” said Todd Blanche, the deputy attorney general. He added, “We hope common sense and justice will prevail.”
The extradition announcement comes as courts are wrestling with President Trump’s invocation of the law this month to send more than 100 Venezuelans to a giant prison complex in El Salvador. Civil rights groups have challenged the deportations, saying the men did not receive due process, and contest the accusation that they are members of the Venezuelan gang Tren de Aragua.
In invoking the 1798 law meant to expel invaders, the Trump administration has argued that the gang acts in coordination with Venezuela’s ruling party and is therefore subject to summary arrest and deportation. Civil rights groups have argued in court that the administration is misusing the law and violating immigrants’ rights.
The Justice Department said one of the men was currently in a Texas prison and wanted in Chile for extortion, kidnapping resulting in homicide and criminal association. The other two men, who are wanted on kidnapping charges, were in U.S. custody, officials said.
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