US Government Acknowledges It Cannot Locate 137 Venezuelans Deported Under Alien Enemies Act

Administration cites foreign policy concerns as whereabouts of migrants remain unknown after deportation; judge flags due process violations.

By: Haitian prime news|January 14, 2026|washington

The U.S. State Department confirmed Wednesday that it cannot currently locate 137 Venezuelan nationals deported under the Alien Enemies Act during the prior administration, raising fresh questions about due process rights and transparency in executive immigration actions.

Secretary of State Marco Rubio reported that the Trump-era deportations were carried out without fully knowing where those individuals now reside. According to the statement, efforts to provide post-deportation due process or to identify their current whereabouts were constrained by considerations tied to U.S. foreign policy interests in Venezuela, limiting the government’s ability to offer updates.

The legal backdrop to the case stems from a December ruling by federal Judge James Boasberg, who found that the 137 migrants were denied constitutionally adequate procedures when removed under the Alien Enemies Act. In his decision, the court noted that the individuals were deported without meaningful notice of the charges against them and without a genuine opportunity to mount legal challenges to their removal.

The detainees had been accused of affiliation with a Venezuelan gang. Following their deportation to El Salvador under the Alien Enemies Act, they were reportedly imprisoned in that country. More recently, their detention ended when they were released as part of a broader prisoner exchange negotiated between the governments of the United States and Venezuela.

Legal analysts say the case highlights enduring tensions between national security frameworks, historical statutes like the Alien Enemies Act, and constitutional protections afforded to noncitizens on U.S. soil. Critics argue that reliance on the 1798-era statute has facilitated expedited removals with minimal judicial oversight, creating accountability gaps when individuals are sent to third countries.

Advocates for migrants’ rights maintain that the inability of the U.S. government to account for these individuals underscores systemic weaknesses in deportation oversight and raises humanitarian concerns about protections for noncitizens subject to executive immigration decisions.

Sources

Government statement on inability to locate Venezuelan deportees

Federal court order by Judge James Boasberg regarding due process violations in Alien Enemies Act deportations (December ruling).

Reporting on prisoner swap between U.S. and Venezuelan governments