The recent announcement from the U.S. Department of Justice (DOJ), dated April 21, 2025, has brought attention to the Venezuelan criminal organization known as the Tren de Aragua (TdA). The formal indictment against 27 alleged members and affiliates under the Racketeer Influenced and Corrupt Organizations Act (RICO) marks a pivotal moment in the legal strategy the U.S. government has established against this transnational gang, which is noted for its brutality and operational expansion across borders.
A Mosaic of Serious Crimes
According to information provided by the DOJ, the charges against these 27 individuals portray a grim picture of criminal activities that go far beyond simple street gang behavior. The accusations brought under the RICO law include a chilling variety of serious offenses: armed robberies, shootings, the depraved exploitation of sex trafficking, the organization of prostitution networks, systematic extortion, and drug trafficking, with a particular mention of “tusi,” a substance that authorities claim has become the “calling card” of the organization.
Of the accused, six are identified as active members of the Tren de Aragua, while the remaining 21 are associated with a group self-styled as the “Anti-Tren,” primarily made up of former members of the gang. The DOJ’s investigation reveals an operational network that extends across several states, with a significant focus on New York and New Jersey, emphasizing the transnational nature of the threat posed by the TdA.
The RICO Law as a Tool for Dismantling TdA
The choice of RICO as a legal instrument in this case is no coincidence. Originally designed to dismantle the structures of the Italian mafia in the United States, this law allows prosecutors to pursue criminal organizations as “enterprises” engaged in a pattern of criminal activity. In the context of the Tren de Aragua, the DOJ argues that the gang operates like a business whose primary goal is to maintain its power and influence through violence and the generation of illicit profits.
This designation under RICO has significant implications. It enables prosecutors to go beyond individual crimes and target the hierarchical structure of the organization, which could result in severe penalties for the accused, including the possibility of life sentences for those shown to have participated in the leadership of this criminal enterprise.
Political Context and the “Take Back America Operation”
The case presented by prosecutors falls within a political context marked by the “Take Back America Operation,” an initiative driven by former President Donald Trump aimed at combating illegal immigration and transnational gangs. The current administration has continued along this line, and the indictment against the Tren de Aragua has been hailed by figures like Attorney General Pam Bondi, who did not hesitate to label the TdA as a “terrorist organization” that is “destroying American communities with brutal violence, human trafficking, and the distribution of lethal drugs.”
However, these measures are not without internal debate, and the so-called judicial war is being waged from the courts by radical opponents of the federal government. Critics argue that the narrative equating immigration with organized crime can lead to the unjust stigmatization of migrant communities, particularly the Venezuelan population.
The Tren de Aragua: Genesis, Expansion, and Global Operations
The origin of the Tren de Aragua dates back to the early 2010s in the tumultuous environment of the Tocorón prison in Venezuela. Under the initial leadership of Héctor Rusthenford Guerrero Flores, aka “Niño Guerrero,” the gang took advantage of the deep economic crisis and massive Venezuelan migration to expand its reach throughout Latin America, establishing operational bases in countries like Colombia, Peru, and Chile, eventually reaching the United States.
Their modus operandi is diverse and brutal, including human trafficking for sexual exploitation (where victims are derogatorily referred to as “fined”), drug trafficking from cocaine to “tusi,” and extortion and theft, particularly targeting small businesses, where violence is employed as a tool of control and coercion. Moreover, documented alliances with other high-caliber criminal groups, such as the Sinaloa Cartel in Ecuador and the National Liberation Army in Colombia, underscore their ability to operate within complex transnational criminal networks.
Despite the intervention of Venezuelan security forces in the Tocorón prison in September 2023, which theoretically aimed to dismantle their operational center, the gang’s leadership managed to evade capture, and their criminal activities have persisted. In the United States, the Tren de Aragua’s connection to high-profile crimes, such as the murders of Laken Riley and Jocelyn Nungaray, has intensified the pressure for decisive legal action.
The Application of RICO: A Detailed Legal Analysis
The RICO law, codified in Title 18 of the United States Code, Sections 1961-1968, provides a robust legal framework for combating organized crime. To secure a conviction under this law, prosecutors must prove beyond a reasonable doubt the concurrence of three key elements:
The existence of an “enterprise”: This is broadly defined as any formal or informal association that functions as a unit with a purpose, whether legal or illegal. In the case of the Tren de Aragua, the DOJ argues that the gang constitutes such an enterprise.
A pattern of criminal activity: This requires the commission of at least two related crimes within a ten-year span. The charges brought against members of the TdA clearly meet this criterion, encompassing a wide range of violent and lucrative offenses.
The involvement of the accused in the operation or management of the enterprise through that pattern of criminal activity: Prosecutors must demonstrate that the accused participated in the affairs of the criminal enterprise through the commission of the underlying crimes.
In the specific case of the Tren de Aragua, the DOJ alleges that the gang operates as an enterprise with the objective of “preserving and protecting the power and territory of TdA, its members, and associates through acts including murder, assault, theft, and other forms of violence”. Additionally, it seeks to demonstrate that the organization profits through sex trafficking, drug trafficking, and armed robbery.
The potential sentences for the charges presented are significant:
The application of RICO in this context represents a strong legal strategy aimed at dismantling not only the individuals accused but also the very infrastructure of the criminal organization.
Debate on Effectiveness
While the indictment under RICO is viewed by authorities as a crucial step in dismantling the threat posed by the Tren de Aragua, its long-term effectiveness and possible collateral consequences are subject to debate.
On one hand, the DOJ argues that these measures are necessary to protect American communities from the violence and exploitation perpetrated by this terrorist organization. Attorney General Bondi has been emphatic in highlighting the brutality and destructive nature of the TdA.
On the other hand, representatives from the Democratic party and radical activists warn of the risk of stigmatizing the migrant community at large.
The legal actions against the Tren de Aragua intertwine with complex political and diplomatic dynamics, including the use of laws like the Alien Enemies Act to attempt the deportation of alleged members—a measure faced by radical activists and progressive judges who oppose the federal government’s national security agenda and are willing to take any measures to thwart it.
RICO and the Challenge of Transnational Crime
The case against the Tren de Aragua under the RICO law offers an interesting case study in the application of domestic legislation to combat a transnational criminal threat. While RICO has proven to be an effective tool against traditional organized crime, its application to gangs with more fluid and decentralized structures has compelled the prosecutors involved in the case to reassess the limitations that might arise for its application and to defend the proposals in the circuit courts dominated by activist judges who oppose the federal government’s fight against transnational organized crime.
Investigations that Venezuelapolitica.info has had access to reveal that while the Tren de Aragua is a significant criminal force in Latin America, its presence and organization in the United States may be less homogeneous and hierarchical, distributed in dispersed cells that make it harder for authorities to locate criminals. Additionally, the applicants face defense from NGOs, Democratic judges, and other lobbying groups against the application of laws to members of criminal organizations, more for political reasons than for a matter of civil rights defense of illegals who have committed crimes.
The indictment from the Department of Justice against 27 alleged members and affiliates of the Tren de Aragua under the RICO law represents a significant effort to confront a transnational criminal organization that has raised alarm due to its violence and expansion. However, this case also raises important questions about the effectiveness of these measures and the complexity of addressing organized crime in a globalized world.