Federal Judge Rules on Trump’s Use of Alien Enemy Law Against Gang Members

A federal district judge in Pennsylvania announced on Tuesday that President Donald Trump can utilize the Alien Enemy Act (AEA) to deport members of the Tren de Aragua (TDA) gang.

Judge Stephanie Haines lifted a temporary injunction from April, which had prevented the government from applying the AEA for deportations. Her ruling specifically addresses a Venezuelan citizen, at least 14 years old, linked to the TDA, who is neither a naturalized citizen nor a legal resident.

Appointed to the bench in 2019, Judge Haines noted that the notorious gang engages in “predatory invasions” as outlined by the AEA. She emphasized that the TDA seems to share a collective aim of undermining public safety in the U.S., questioning whether they might be seen as akin to “foreign terrorist organizations,” referring to them as modern-day pirates and robbers.

Haines remarked that federal judges often start the day briefed on significant threats to national security. She further commented that the responsibilities of understanding such threats fall to the political branches of government, leaving their implementation to the elected officials to decide if they align with the law and public sentiment.

Haines is the first federal judge reported to state that Trump can use the AEA to remove Venezuelan gang members. This power was highlighted through an executive order issued on March 14, targeting TDA members. However, similar rulings from federal judges in New York, Colorado, and Texas had imposed either bans or temporary delays on these deportations.

The latest ruling opens possibilities for deportations under the AEA starting from the court districts in western Pennsylvania. It mandates that TDA members must receive at least 21 days’ notice in both English and Spanish before deportation.

The divergence in federal judicial opinions suggests this case is likely to be appealed, potentially reaching the Supreme Court.