For the first time, a federal judge has endorsed President Donald Trump’s application of the Alien Enemies Act, a wartime authority invoked by Trump to deport Venezuelans he alleges are affiliated with a criminal organization.
U.S. District Judge Stephanie Haines, appointed by Trump in Pennsylvania, affirmed Trump’s proclamation from March 14, which asserted that Tren de Aragua, a violent gang originating from Venezuela, is conducting an ‘incursion’ into the United States. Trump has also classified this gang, along with MS-13 from El Salvador, as a terrorist entity.
Furthermore, Haines determined that the administration has not been providing adequate notice to individuals facing deportation under the AEA. She mandated that the administration must provide a minimum of 21 days’ notice, which is significantly longer than the 12 hours that some deportees have received, as reported by NPR.
This case presents considerable challenges that are intricately linked to the constitutional principles that underpin the foundation of this Nation’s government,” Haines stated. “In tackling these challenges, the Court emphasizes the issues it will not be addressing at this moment.”
The ruling does not consider whether the administration has the authority to expel individuals under different immigration statutes, nor does it clarify if Trump can utilize the Alien Enemies Act to deport individuals who have merely migrated to the U.S. and are not affiliated with a foreign terrorist organization, Haines noted.
She also abstained from providing commentary on whether individuals suspected of being associated with other gangs could be expelled under the Act.
Nonetheless, she indicated that the Act permits the removal of Venezuelan nationals aged 14 and older who are present in the U.S. without legal immigration status and are affiliated with Tren de Aragua.
After fulfilling its role, the Court now entrusts the decision to the Political Branches of government, and ultimately to the electorate, regarding whether the laws and their enforcement align with the public’s will,” Haines stated.
In March, Trump issued a proclamation asserting that Tren de Aragua was invading the United States. He claimed to possess special authority to deport immigrants, whom his administration identified as gang members, bypassing the standard judicial processes. Following this proclamation, the administration initiated the deportation of individuals labeled as Tren de Aragua affiliates to a notorious prison in El Salvador, along with recognized members of the MS-13 gang.
This proclamation and the subsequent deportations sparked a series of lawsuits across multiple states, including the case that resulted in Haines’ ruling on Tuesday. The lawsuit was initiated by a Venezuelan national who asserts that he fled to the U.S. with his wife and children in 2023 due to extortion threats in his home country.
Haines initially sanctioned the case as a class action, temporarily preventing the Trump administration from utilizing the AEA to deport any migrants within her jurisdiction. However, she revoked that classification on Tuesday, permitting deportations to recommence, on the condition that those being deported receive a minimum of 21 days’ notice in both English and Spanish, as well as an opportunity to express any objections they may have, according to the report.
In the Texas case, a woman provided testimony indicating that she escaped Venezuela due to ongoing harassment, assault, and intimidation stemming from political persecution. She reached the United States in 2023, received temporary protected status under the Biden administration, and is presently pursuing asylum.
Last month, she was apprehended in Ohio and charged with gang affiliation, a claim she refutes. Presently, she is in custody in El Paso and has requested Senior U.S. District Judge David Briones to prevent the Trump administration from deporting her and other detainees in the area.
She contended that the president’s declaration infringes upon the due process rights of individuals subject to removal and inaccurately categorizes Tren de Aragua as an incursion by a foreign entity, according to NPR.
