The Alarming Kafkaesque Basis of Trump’s “War on Migrants”
Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months. If you can help, please click on the button below to donate via PayPal. To get links to all my work in your inbox, please also consider taking out a free or paid subscription to my new Substack newsletter.
On June 4, in a memorable, 69-page memorandum opinion, Judge James Boasberg, the Chief Judge of the District Court in Washington, D.C., began a ruling relating to Venezuelan migrants deported by the Trump administration to a mega-prison for alleged terrorists in El Salvador by quoting from Franz Kafka’s “The Trial,” in which the protagonist, Josef K., “awakens to encounter two strange men outside his room,” and “realizes that he is under arrest.” However, “When he asks the strangers why, he receives no answer. ‘We weren’t sent to tell you that,’ one says. ‘Proceedings are under way and you’ll learn everything in due course.’”
As Judge Boasberg added, “Bewildered by these men and distressed by their message, K. tries to comfort himself that he lives in ‘a state governed by law,’ one where ‘all statutes [are] in force.’ He therefore demands again, ‘How can I be under arrest? And in this manner?’ ‘Now there you go again,’ the guard replies. ‘We don’t answer such questions.’ Undeterred, K.offers his ‘papers’ and demands their arrest warrant. ‘Good heavens!’ the man scolds. ‘There’s been no mistake.’ ‘[O]ur department,’ he assures K., is only ‘attracted by guilt’; it ‘doesn’t seek [it] out . . . That’s the Law.’ ‘I don’t know that law,’ K. responds. ‘You’ll feel it eventually,’ the guard says.”
As Judge Boasberg proceeded to explain, “Such was the situation into which Frengel Reyes Mota, Andry Jose Hernandez Romero, and scores of other Venezuelan noncitizens say they were plunged on March 15, 2025. In the early morning hours, Venezuelans held by the Department of Homeland Security at El Valle Detention Facility in Texas were awakened from their cells, taken to a separate room, shackled, and informed that they were being transferred. To where? That they were not told. When asked, some guards reportedly laughed and said that they did not know; others told the detainees, incorrectly, that they were being transferred to another immigration facility or to Mexico or Venezuela.”
Podcast: Guantánamo’s Forgotten Prisoners, Trump’s “War on Migrants” and the Horrors of El Salvador’s CECOT Prison on Due Dissidence
Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months. If you can help, please click on the button below to donate via PayPal. To get links to all my work in your inbox, please also consider taking out a free or paid subscription to my new Substack newsletter.
This article was originally published on May 27 on the “Close Guantánamo” website, which I established in January 2012, on the 10th anniversary of the opening of Guantánamo, with the US attorney Tom Wilner. Please join us — just an email address is required to be counted amongst those opposed to the ongoing existence of Guantánamo, and to receive updates of our activities by email.
Many thanks to Misty Winston for interviewing me two weeks ago for her show on Due Dissidence, a channel that we might call an alt-left alternative to the plague of alt-right streaming channels that dominate so much social media.
Misty and I have spoken many times before, beginning in the days when she was an indefatigable activist for Julian Assange, and, after finding a temporary home on various other platforms, it was great to catch up with her on a channel that, I hope, values her presence.
We spoke for 90 minutes, and the show was live-streamed on Rumble, and also on X, and was subsequently posted in its entirety on Substack.
Updates on Trump’s Deportation Obsession and His Open Warfare on the US Courts, and My Interview on Gorilla Radio with Chris Cook
Please support my work as a reader-funded investigative journalist, commentator and activist. If you can help, please click on the button below to donate via PayPal. Please also consider taking out a free or paid subscription to my new Substack newsletter.
Many thanks to Chris Cook in western Canada for having me on his weekly Gorilla Radio show on Wednesday to discuss the latest developments in the horrendous “war on migrants” that Donald Trump initiated when he took office three months ago. The interview is available here, on Gorilla Radio’s Substack, taking up the first half of the hour-long show, with Canadian author Ray McGinnis in the second half.
Chris and I last spoke in February, just after Donald Trump had started using Guantánamo to hold migrants — the majority of whom were Venezuelans, who were accused, without evidence, of being members of the Tren de Aragua gang. I wrote about the use of Guantánamo for migrants in a series of articles here, here, here, here, here and here, with a summary on the Close Guantánamo website on March 21.
By that point, Trump had begun shifting his focus to an even more alarming location than Guantánamo, sending 238 Venezuelan migrants and 23 Salvadorians — all, again, accused of being gang members, without any evidence being provided — on a one-way trip to El Salvador’s notorious CECOT prison (the Centro de Confinamiento del Terrorismo, or, in English, the Terrorism Confinement Center) on March 15.
No One Is Safe As Trump Gleefully Deports Migrants to El Salvador’s Mega-Guantánamo Without Evidence, Or Even Via An “Administrative Error”
Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months. If you can help, please click on the button below to donate via PayPal. Please also consider taking out a free or paid subscription to my new Substack newsletter.
In the sordid, chaotic, belligerent and openly racist “war on migrants” that Donald Trump declared when he took office on January 20, two particular truths about the administration’s intentions have become increasingly evident, and both of them are profoundly disturbing.
The first is that no immigrant to the US from anywhere in the world — but mostly, to date, from countries in Central or South America — is safe from arbitrary detention and deportation, and, in particular, the threat of being deported, not to their home countries, but to a notorious prison in El Salvador, where prisoners are held indefinitely without charge or trial, dehumanized, half-starved and subjected to relentless violence. The CECOT prison, established under El Salvador’s dictatorial president, Nayib Bukele, is nothing less than a futuristic, turbo-charged version of the Bush administration’s “war on terror” prison at Guantánamo Bay.
The second cause for deep alarm is the Trump administration’s absolute contempt for any legal challenges to what it aggressively claims is its right to detain and deport anyone it feels like detaining and deporting. Primarily, to date, Venezuelans, these men are routinely described as dangerous “high-threat aliens”, gang members and terrorists at war with the US, although the administration has failed to back up its hysterical claims with anything resembling evidence.
Disturbingly, the administration insists that all of its claimed deliberations about who to detain and deport are shielded from any kind of scrutiny or review because of national security concerns, claims that are nothing less than the thinnest of covers for what is actually the the unacceptable and unconstitutional exercise of unfettered executive power.
Trump’s Migrant Deportations: Judge Says Nazis in US in WWII Had More Rights to Contest Their Removal Than Venezuelan Migrants Now
Please support my work as a reader-funded investigative journalist, commentator and activist. If you can help, please click on the button below to donate via PayPal. Please also consider taking out a free or paid subscription to my new Substack newsletter.
Last Wednesday (March 26), Judge Patricia Millett, a judge in the appeals court in Washington D.C., delivered a stinging rebuke to the Trump administration’s use of the Alien Enemies Act of 1798 to deport 238 Venezuelan migrants — allegedly members of the Tren de Aragua gang — to CECOT, El Salvador’s notorious maximum-security “terrorist” prison, where they are all now imprisoned without charge or trial, for at least a year, and perhaps more, at a cost to the US taxpayer of $6 million, even though no evidence was presented by the Trump administration to confirm that they were gang members, and even though, in some cases, compelling testimony from family members would seem to confirm that they had no involvement whatsoever with Tren de Aragua.
At the hearing on March 26, Judge Millett told the government’s main lawyer, Drew Ensign, a Deputy Assistant Attorney General in the Justice Department, that “Nazis got better treatment under the Alien Enemies Act than has happened here”, in an exchange relating to whether or not, as the Guardian described it, “Venezuelans targeted for removal under the Alien Enemies Act had time to contest the Trump administration’s assertion that they were members of the Tren de Aragua gang before they were put on planes and deported to El Salvador.”
Trump’s disturbing invocation of the Alien Enemies Act of 1798
Donald Trump invoked the Alien Enemies Act in a “proclamation” on March 15, in what appeared to be a nakedly authoritarian attempt to deport Venezuelans alleged to be members of the gang without making any effort to establish whether or not that was the case.
Lawsuit Challenges Trump’s “Cruel, Unnecessary and Illegal” Transfers of Migrants to Guantánamo
Please support my work as a reader-funded journalist! I’m currently trying to raise $2500 (£2000) to support my writing and campaigning on Guantánamo and related issues over the next three months. If you can help, please click on the button below to donate via PayPal. Please also consider taking out a free or paid subscription to my new Substack newsletter.
In a lawsuit submitted to the District Court in Washington, D.C. on Saturday (March 1), the ACLU, the Center for Constitutional Rights and the International Refugee Assistance Project (IRAP) asked the Court to urgently intervene to “put a stop” to what they accurately describe as the Trump administration’s “cruel, unnecessary, and illegal transfers” of migrants to the naval base at Guantánamo Bay, Cuba. As the groups explained in a press release, transferring migrants to Guantánamo from the US mainland is a policy “without any legal authority, in violation of federal law and the US Constitution.”
The central premise of the lawsuit is that, although foreign nationals have been held at Guantánamo before — in a Migrant Operations Center established in the 1990s to hold migrants intercepted at sea, and, most notoriously, in the “war on terror” prison established in January 2002, where 15 men are still held in various states of fundamental lawlessness — the foreign nationals being sent to Guantánamo by Donald Trump have legal and constitutional rights that cannot be wished away through the traditional subterfuge of pretending that US law doesn’t apply at Guantánamo because, technically, it is only leased from the Cuban government, which has ultimate sovereignty.
In relation to the Migrant Operations Center and the “war on terror” prison, this subterfuge has, shamefully, been largely successful, but, as the rights groups argue compellingly in their lawsuit, because the current migrants have been previously held on the US mainland, even though their asylum claims were ultimately unsuccessful, and they have all been subjected to “final removal” orders, they are still protected by the US Constitution, and by US law; specifically, the Immigration and Nationality Act, and the Administrative Procedure Act.
Who's still at Guantánamo?
