A federal judge determined on Tuesday that President Donald Trump and his administration were permitted to invoke the 1798 Alien Enemy Act to expedite the removal of members from the Tren de Aragua (TDA) gang.
US District Judge Stephanie Haynes stated that the Trump administration accurately described the TDA’s aggressive intrusion into the United States in alignment with the alien enemy law from 1798. She noted that the administration did not provide “individual detainers” for deportation.
“Considering all of the above, this court defines ‘predatory intrusion’ under the AEA as actions united by a common goal to significantly disrupt public safety, whether related to individuals, property, or financial interests within the United States,” Haynes indicated in her ruling. This aligns with the notion of “predatory invasion” from 1798—reflecting a “change in the world.”
The court documents indicated that Trump’s declaration made in March, as well as the declarations submitted to this court, showed a factual basis for the President’s conclusion.
“Primarily, the declaration notes that the Secretary of State classified the TDA as a Foreign Terrorist Organization (FTO) under Title 8, US Code, Section 1189. This designation strongly supports the claim that the TDA is unified by a shared objective to threaten public safety.
The court further concluded that Trump’s declaration along with “documented IT references” substantiated its finding that the TDA is engaging in “predatory” invasions as defined by the alien enemy laws.
Haynes stated in court records that there was a requirement for a 21-day notice and “an opportunity to hear,” which respondents must provide to detainees affected by the AEA and declaration, specifying that individual detainees would be removed based on this declaration and law.
Detainees subjected to removal under the alien enemy law and Trump’s declaration are to be notified in both English and Spanish. The documentation continued to emphasize that interpreters must be available if necessary for the hearings.
In March, Trump invoked the Alien Enemy Act of 1798 in response to what he called the “invasion of the United States by Tren de Aragua.” He characterized the TDA as “a designated foreign terrorist organization” with thousands of members, many of whom are illegally entering the United States and conducting aggressive actions against it.
Part of the declaration reads:
The TDA operates alongside Cartel de Los Sales, a narcotic enterprise supported by the Venezuelan administration of Nicolas Maduro. They commit heinous acts such as murder, human trafficking, drug and weapon smuggling. The TDA is actively engaging in mass illegal immigration into the United States to further the goals of undermining public safety and destabilizing democratic institutions in the US.
Trump mentioned in the declaration that he had determined and announced that the TDA was “convicting, attempting, and threatening an invasion of US territory.”
“The TDA engages in hostile actions and is involved in irregular warfare against US territory,” Trump stated, highlighting the influence of the Maduro administration.
Since Trump activated the alien enemy law, multiple judges have sought to halt the Trump administration’s deportation efforts targeting alleged Venezuelan gang members under this legislation.
In April, the Supreme Court overturned a decision by US District Judge James Boasberg that had blocked the Trump administration from deporting suspected members of illegal alien gangs.
