The US intelligence community believes that the Venezuelan government is “probably” not directing the gang Tren de Aragua’s movements and operations inside the United States, according to a declassified assessment released on Monday that undercuts the Trump administration’s key argument for invoking the Alien Enemies Act to speed up deportations.

A newly released report from the U.S. National Intelligence Council concludes that while the Nicolás Maduro regime tolerates the feared Venezuelan gang Tren de Aragua, it is unlikely the Venezuelan strongman exercises direct control over the organization.