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NOTE: On June 18, I was interviewed by Chris Cook for his weekly, hour-long Gorilla Radio show about this article. You can find the show here, and I’m in the second half, after Dan Kovalik talking about Israel’s war on Iran in the first half.

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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.”

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