Chicago Wednesday, May 14, 2025
Federal Judge Backs Trump’s Use of Wartime Law to Deport Venezuelan Gang Members
A federal judge has ruled that President Donald Trump is permitted to use the Alien Enemies Act (AEA) to deport Venezuelan nationals identified as members of the Tren de Aragua gang, which his administration has designated a foreign terrorist group.
U.S. District Judge Stephanie Haines, based in Pennsylvania, issued the ruling on Tuesday, marking the first judicial endorsement of Trump’s invocation of the 18th-century law in this context. The decision supports the administration’s efforts to remove individuals with alleged ties to the gang under a presidential proclamation.
On the same day, however, a separate federal judge in the Western District of Texas temporarily blocked the Trump administration from using the AEA to carry out deportations in that region. Additionally, at least three other federal judges have previously challenged the administration’s use of the law, stating it was being misapplied to hasten the removal of Venezuelan nationals accused of gang affiliations.
Though Judge Haines, who was appointed by Trump, upheld the use of the AEA in specific cases, she also criticized the administration’s practice of giving extremely short notice before deportations, sometimes as little as 12 hours. She ordered that individuals now be given at least 21 days notice before being deported under the AEA.
“This case raises serious constitutional concerns,” Haines wrote. However, she clarified that her ruling did not decide whether the AEA can be used against individuals without legal immigration status who are not tied to a terrorist organization, nor did it address its application to members of other gangs.
The ruling narrowly permits the use of the Alien Enemies Act to deport Venezuelan nationals aged 14 or older, lacking legal immigration status, and confirmed to be members of the Tren de Aragua gang.
“Having fulfilled its judicial role,” Haines concluded, “the Court now defers to the political branches of government, and ultimately, to the voters, to determine if the laws and their implementation align with the public’s will.”
