Federal Judge Rules Trump Can Use Alien Enemies Act for Deportations With Notice

A federal judge recently ruled that the Trump administration can utilize the Alien Enemies Act (AEA) to deport criminal illegal immigrant members of the Venezuelan Tren De Aragua gang. However, the judge, U.S. District Judge Stephanie Haines, a Trump appointee, noted that adequate prior notice must be given to those subject to removal. This notice would allow individuals to have the opportunity to challenge the deportation through due process and habeas legal challenges.

The ruling, which spanned 43 pages, contradicts previous rulings that have challenged the administration’s deportation efforts. Judge Haines emphasized that the decision now rests with the Political Branches of the government and ultimately with the people who elect those individuals to determine whether the laws and their execution align with public will.

The ruling was specific to Venezuelan aliens who are not naturalized or lawful permanent residents, are 14 years or older, and have been designated as part of a Foreign Terrorist Organization, such as the Tren de Aragua gang. This decision comes in light of President Trump’s executive order issued on March 14, titled “Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua.”

In a separate ruling earlier this month, another judge stated that while he would not prevent the administration from deporting individuals in the U.S. illegally, the Alien Enemies Act could not be used as a basis to expel alleged gang members from the country. The judge, U.S. District Court Judge Fernando Rodriguez Jr., also a Trump appointee, questioned whether the president can utilize the AEA to detain and remove Venezuelan aliens who are members of the Tren de Aragua gang.

The debate surrounding the use of the AEA for deportation purposes continues to be a contentious issue. While some judges have supported its use in specific cases, others have raised concerns about the scope of the statute and its application in expelling alleged gang members from the country.

As the legal battles unfold, it remains to be seen how the administration will navigate the complex legal landscape surrounding the deportation of criminal illegal immigrants, particularly those associated with gangs like the Tren de Aragua. The outcome of these legal challenges will have significant implications for the future of immigration enforcement in the United States.