U.S. spy agencies are upending President Donald Trump’s rationale for using an 18th-century wartime law to quickly deport Venezuelan men to a maximum security prison in El Salvador. A memo, released and first obtained by The New York Times, detailed the contradicting information about the Venezuelan gang Tren de Aragua (TDA).
The memo reveals intelligence agencies have found Venezuelan dictator Nicolas Maduro does not have direct control over Tren de Aragua, according to an assessment by the National Intelligence Council on April 7. The council, which reports to Director of National Intelligence, Tulsi Gabbard, appears to refute the Trump administration’s claims TDA is invading the U.S. “at the direction of President Maduro.”
What does the memo say?
The Washington Post and Politico report the memo states that “The Maduro regime probably does not have a policy cooperating with TDA and is not directing TDA movement to and operations in the United States.”
The assessment goes on to find that while Maduro’s administration largely sees the existence of gangs as a national security threat, yet tolerates some criminal activity.
The six-page document revealed that most analysts believe it is “not credible” that Maduro’s regime is directing or helping TDA get into the U.S. The assessment adds, “Venezuelan intelligence, military and police services view TDA as a security threat and operate in ways that make it highly unlikely the two sides would cooperate in a strategic or consistent way.”
The FBI’s findings in the report, however, differ from the overall assessment of other agencies. The agency said it believes Maduro’s regime does help some TDA members enter the United States.
How was it obtained?
The published assessment, which has some redacted sections, was requested through the Freedom of Information Act by the Freedom of Press Foundation, which is based in New York. The Times published the first report on the declassified document on Monday, May 6.
The Post, however, reported in April on the now-confirmed assessment. It involves all 18 U.S. intelligence agencies and is the most conclusive report on any potential connection between Maduro’s administration and TDA.
How is the Trump administration responding?
After the April 2025 report, an official with the Office of the Director of National Intelligence denied The Post’s article. The spokesperson argued the Trump administration was taking “necessary and historical action” to protect Americans.
As a result, Gabbard requested the U.S. Department of Justice look into possible leaks within U.S. spy agencies among people she called “deep-state criminals.”
What is the Alien Enemies acting being used for?
Immigration
The 1798 Alien Enemies Act had only been used three times before 2025. All previous uses were during active wars.
Trump invoked the 1798 Alien Enemies Act, which has only been used three times in U.S. history, all previously under wars, to send around 250 migrants to a notorious prison in El Salvador without due process, accusing them of being gang members. However, some reportedly have no criminal history or connection to gangs. Among those deported was Kilmar Abrego Garcia, who lived in Maryland, after an admitted mistake by the Trump administration.
More setbacks for the Trump administration
In April 2025, the U.S. Supreme Court prevented the Trump administration from sending more people away using the Alien Enemies Act. The court previously ruled Venezuelans considered “alien enemies” by the government must be able to legally challenge their deportations, a finding Trump questioned.
The release of the report also comes after a judge found Trump’s use of the Alien Enemies Act illegal, saying it should only be used in a time of conflict.
