‘This case poses significant issues’: Judge OKs Trump’s use of Alien Enemies Act to deport Venezuelans, defying other courts

In a decision that strongly disagrees with rulings from other federal courts, a Pennsylvania judge has allowed the Trump administration to use the 1798 Alien Enemies Act (AEA) to deport Venezuelan citizens identified as members of the Tren de Aragua gang. This ruling was made by U.S. District Judge Stephanie Haines, whom Trump appointed.

It is also the first time a federal judge has clearly supported the administration’s decision to label Tren de Aragua as a foreign terrorist organization and then use the AEA to speed up deportations. Axios reported that the ruling gives the administration the power to deport Venezuelan nationals who meet certain conditions: they must be at least 14 years old, have no legal immigration status in the U.S., and be proven members of the Tren de Aragua gang.

Judge Haines’ decision includes an important limitation: the administration must give at least 21 days’ notice, in both English and Spanish, to people facing deportation, along with a chance to speak in their own defense.

Federal Judge sides with Trump, but attaches a few strings

This requirement extends the much shorter notice periods, sometimes as little as 12 hours, that the administration has used in the past, according to NPR. In her written opinion, Judge Haines recognized the serious constitutional questions raised by the case. “This case involves major issues that are closely tied to the constitutional principles this country’s government is based on,” she wrote.

The ruling does not discuss the wider effects of using the AEA for deportations unrelated to the Tren de Aragua gang, nor does it comment on whether deportations under other immigration laws are legal. The judge made it clear that her ruling only applies to the specific situation of Venezuelan nationals accused of being part of the gang. She ended by saying that the political branches of government should decide the larger policy questions.

There have been times when the deportations were fast and did not give any time for defense, like with the Deliveryman picked up by ICE who “fell off the face of the earth.” This should put an end to those actions.

The administration’s actions come after a March announcement by President Trump declaring Tren de Aragua a national security threat, which he used to justify quickly deporting its alleged members to El Salvador. These deportations, often carried out with very little advance notice, have led to many lawsuits across the country, challenging the administration’s use of the AEA and raising concerns about due process.

The case before Judge Haines is one of these lawsuits, filed by a Venezuelan national who says he is not part of the gang and claims he fled Venezuela because of extortion. This ruling is very different from at least three other federal judges who have blocked similar deportations under the AEA. Those judges have raised concerns about how the administration is interpreting and applying the law, questioning whether people facing deportation are being given fair treatment.