The Latin American Report # 498

A declassified assessment from a US intelligence body adds to the readings contradicting the Trump administration's narrative upon which its controversial invocation of the late 18th century-sanctioned Alien Enemies Act rests. The White House maintains that the infamous, Venezuela-born Tren de Aragua (TdA) gang is somehow acting under orders from the Miraflores Palace, the seat of Chavista power. However, no credible, conclusive evidence has ever been presented to support this argument. If anything, the most that Washington has been able to argue is that the gang grew during the period when the current head of the Venezuelan Public Ministry was governor of Aragua state, a plausible association and one that makes some common sense but which in itself proves absolutely nothing. The activation of the legislation, which was used on very specific occasions in history with a logic well connected with its spirit and wording, has been questioned by the judiciary, and is now suspended.

“While Venezuela's permissive environment enables TDA to operate, the Maduro regime probably does not have a policy of cooperating with TDA and is not directing TDA movement to and operations in the United States,” the memo signed by the National Intelligence Council reads. “Furthermore, most of the IC judges that intelligence indicating that regime leaders are directing or enabling TDA migration to the United States is not credible.” The U.S. government deported more than 100 Venezuelans to El Salvador by appealing to the AAA. It di so relying more on limited and questionable profiling—for example, “every Venezuelan immigrant with a tattoo is a member of the TDA”—than on a concrete criminal history. The report prepared under the auspices of the National Intelligence Officer for Western Hemisphere acknowledges as “likely” that the Chavista power tolerates the presence of the TDA in the country, and also that mid-ranking officials may benefit from its activities, but it is acknowledging that there is no conclusive evidence.

“The [Intelligence Community] has not observed the [Venezuelan regime] directing TDA, including to push migrants to the United States,” the National Intelligence Council also recognizes. The Director of National Intelligence is receiving harsh criticism from Congress as she has publicly supported Trump's narrative. “The most basic responsibility of the director of national intelligence is to speak truth to power and, where possible, the American people,” said Reps Jim Himes of Connecticut and Joaquin Castro of Texas, both serving on the powerful House Intelligence Committee. “Misrepresenting intelligence in public causes grave damage.” District Court Judge Alvin K. Hellerstein said this week that the “TdA may well be engaged in narcotics trafficking, but that is a criminal matter, not an invasion or predatory incursion.” The Aragua Train is also linked to extortion and other crimes, while the intelligence report claims it has a presence in seven Latin American countries, with Chile as one of the hardest hit nations.

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