Federal Judge Approves Use of Alien Enemies Act to Deport Venezuelan Gang Members

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ICARO Media Group
Politics
13/05/2025 23h38

### Federal Judge Approves Trump's Use of Alien Enemies Act to Deport Venezuelan Gang Members

In a landmark decision, U.S. District Judge Stephanie Haines ruled that President Donald Trump can utilize the Alien Enemies Act to deport Venezuelan citizens identified as members of the Tren de Aragua gang. This ruling, delivered in Pennsylvania, marks the first federal judicial endorsement of Trump's proclamation categorizing Tren de Aragua as a foreign terrorist organization and leveraging an 18th-century wartime statute to facilitate these deportations.

Previously, at least three other federal judges contended that Trump’s employment of the Alien Enemies Act for expediting deportations of alleged Venezuelan gang members was inappropriate. However, Judge Haines, appointed by Trump, pointed out procedural shortcomings in the administration’s approach, specifying that detained individuals were not given adequate notice before their removal. She mandated a minimum of 21 days notice, significantly longer than the mere 12 hours some had previously been afforded.

“This case poses significant issues that are deeply interwoven with the constitutional principles upon which this Nation's government is founded," Haines stated, underscoring the complex constitutional aspects of the case while highlighting the uncertainties her ruling does not address. Notably, Haines did not determine whether Trump could apply the Alien Enemies Act to deport immigrants who are not part of a foreign terrorist organization or those suspected of belonging to other gangs.

Under Haines’ ruling, the provisions of the Act can be applied to deport Venezuelan nationals who are at least 14 years old, reside in the U.S. without legal status, and are verified members of the Tren de Aragua. She emphasized the role of the legislative and executive branches, and ultimately the electorate, in determining if these laws continue to reflect public will.

The recent case spurring this ruling involved a Venezuelan national who sought asylum in the U.S. with his family in 2023, following extortions in Venezuela. Arrested in February on allegations — which he denies — from a neighbor identifying him as a member of Tren de Aragua, his case brought the issue to Haines' courtroom.

Initially certified as a class action, Haines' case temporarily halted the Trump administration's use of the Alien Enemies Act within her jurisdiction. On Tuesday, she lifted this designation, upholding the administration’s ability to deport individuals, provided they receive at least 21 days notice, detailed in both English and Spanish, along with an opportunity to contest their removal.

This decision has significant implications for future deportations and the broader application of the Alien Enemies Act, as it continues to ignite legal challenges across the country.

The views expressed in this article do not reflect the opinion of ICARO, or any of its affiliates.

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