Politics
BREAKING: Judge Approves Trump’s Use Of Alien Enemies Act For Deportations
A federal judge ruled Tuesday that President Donald J. Trump may invoke the Alien Enemies Act (AEA) to deport members of Venezuela-linked gang Tren de Aragua. U.S. District Judge Stephanie L. Haines issued a 43-page opinion granting in part and denying in part a preliminary injunction filed on behalf of a Venezuelan man, currently in immigration custody.
The Trump administration’s February proclamation declared that all Venezuelan citizens age 14 and older who are within the United States, not naturalized, and affiliated with Tren de Aragua (TdA)—a designated Foreign Terrorist Organization (FTO)—are subject to removal under the AEA, a statute dating back to 1798.
“Having done its job, the Court now leaves it to the Political Branches of the government, and ultimately to the people who elect those individuals, to decide whether the laws and those executing them continue to reflect their will,” wrote Haines.
In March, President Trump invoked the Alien Enemies Act of 1798 to expedite the deportation of Venezuelan migrants alleged to be members of the Tren de Aragua gang. Originally passed during the Adams administration, the law allows the president to detain or deport foreign nationals from hostile nations during times of war or invasion.
Trump, in a first-of-its-kind move, invoked the statute to target members of the gang, calling their influx an “invasion” of the United States. The administration issued Proclamation 10903, authorizing the deportation of Venezuelan nationals aged 14 and older suspected of gang ties. Over 260 individuals were swiftly deported—many sent not back to Venezuela, but to El Salvador’s CECOT mega-prison,
Legal pushback came quickly. The ACLU and Democracy Forward filed a lawsuit—J.G.G. v. Trump—attempting to block the removals.
“The Court recognizes that it may need to conduct further analysis and consider additional issues related to the specifics of notice in the future,” Haines wrote. “However, at this preliminary stage of this case, the Court finds that the foregoing is appropriate and complies with the law.”
Haines added that “Respondents must provide greater notice to those subject to removal under the AEA than they are currently providing.”
Citing extensive evidence from DHS and the State Department, the court recognized on Tuesday TdA as a credible threat. One declaration by a Homeland Security official stated TdA members were “present and committing criminal activity in at least 40 states.” Another declaration detailed recent diplomatic efforts with Venezuela and El Salvador to facilitate deportations.
Judge Haines ultimately granted the petitioner’s motion only on the issue of notice. In a final note, the judge reminded the parties—and the nation—of the court’s limited but vital role: “This case implicates significant issues… this Court’s unflagging obligation is to apply the law as written. When the Court does so, it finds that the Proclamation now at issue complies with the AEA.”
Trump’s use of the Alien Enemies Act marks the first time in modern history it has been applied to a non-war context involving criminal organizations and migration. The case now heads toward further proceedings, with the administration required to improve its due process for removals—or risk additional legal setbacks.
