A newly declassified U.S. intelligence assessment directly contradicts claims made by President Donald Trump’s administration to justify deporting Venezuelan immigrants under the Alien Enemies Act, concluding that there is no credible evidence of coordination between the Venezuelan government and the violent gang Tren de Aragua.
The redacted memo, produced by the National Intelligence Council (NIC), states that while Venezuela’s permissive environment allows the gang to operate, President Nicolás Maduro and senior regime officials are not directing or supporting the group’s criminal actions.
“Most of the [intelligence community] judges that intelligence indicating that regime leaders are directing or enabling TDA migration to the United States is not credible,” the report reads.
Trump’s administration had invoked the centuries-old Alien Enemies Act — historically used in times of war — to fast-track deportations of Venezuelan nationals alleged to be affiliated with Tren de Aragua, citing national security threats. The gang, originating from Venezuelan prisons, has been tied to extortion, kidnapping, and drug trafficking throughout the Americas.
The NIC document, declassified after a Freedom of Information Act request by the Freedom of the Press Foundation, makes clear that while some mid- to low-level Venezuelan officials may have unofficial financial ties to the gang, there is no formal government policy backing or coordinating with Tren de Aragua.
District Court Judge Alvin K. Hellerstein echoed those findings in a ruling earlier this week, saying the Trump administration had misapplied the Alien Enemies Act. “TdA may well be engaged in narcotics trafficking, but that is a criminal matter, not an invasion or predatory incursion,” he wrote.
Despite the assessment’s conclusions, Director of National Intelligence Tulsi Gabbard’s office maintains the Trump administration’s stance. A spokesperson claimed the assessment still supports viewing the gang as “acting with the support of the Maduro regime,” citing unspecified ties between lower-level officials and gang activity.
Gabbard, a former presidential candidate appointed as DNI under Trump, has come under fire from congressional Democrats for publicly supporting the deportation rationale while sitting on an assessment that contradicts it.
In a joint statement, Reps. Jim Himes (D-Conn.) and Joaquin Castro (D-Texas) criticized Gabbard’s public comments, saying, “Misrepresenting intelligence in public causes grave damage.”
Lauren Harper, from the Freedom of the Press Foundation, emphasized the importance of public access to intelligence documents, especially amid concerns the Trump administration may subpoena reporters in leak investigations. “The public deserves to read this document,” she said.
The declassified findings add further legal and political complications to Trump’s aggressive immigration agenda, as two federal judges have already ruled the administration’s use of the Alien Enemies Act is legally untenable.
Whether the White House will continue to pursue deportations under this justification — or attempt to revise its strategy — remains unclear.