Federal judge OKs use of Alien Enemies Act to deport Venezuelans
3 minute readPublished: Wednesday, May 14, 2025 at 7:09 am
Judge OKs Deportation of Venezuelan Gang Members Under Wartime Law
A federal judge in Pennsylvania has ruled that President Donald Trump can use the Alien Enemies Act (AEA), a rarely-used 18th-century wartime law, to deport Venezuelan citizens identified as members of the Tren de Aragua gang. This marks a significant development in the ongoing legal battle over the administration's use of the AEA for immigration enforcement.
U.S. District Judge Stephanie Haines, a Trump appointee, approved the use of the AEA, but also mandated that the administration provide at least 21 days' notice to those facing deportation, a substantial increase from the 12 hours some deportees had previously received. The ruling specifically applies to Venezuelan citizens, aged 14 and older, who are in the U.S. without legal immigration status and are confirmed members of the Tren de Aragua gang.
However, the ruling is not without limitations. Judge Haines clarified that the decision does not address whether the administration can deport individuals under other immigration laws, nor does it address the broader application of the AEA to those who are not members of a foreign terrorist organization.
Simultaneously, a federal judge in Texas has temporarily blocked the Trump administration from using the AEA to deport individuals in that region, highlighting the conflicting legal interpretations surrounding the law. This case involves a woman who fled Venezuela and is seeking asylum, but was accused of being a gang member.
The legal challenges stem from Trump's proclamation in March, which declared Tren de Aragua a foreign terrorist organization and asserted special powers to deport alleged gang members without standard court proceedings. This proclamation has sparked numerous lawsuits, raising concerns about due process and the potential misuse of the AEA.
BNN's Perspective: This ruling underscores the complex legal and ethical considerations surrounding immigration enforcement. While the judge's decision provides a framework for deporting individuals linked to a dangerous criminal organization, the conflicting rulings and ongoing legal challenges highlight the need for a clear and consistent application of immigration laws, ensuring due process rights are protected while addressing legitimate security concerns. The increased notice period is a positive step towards fairness.
Keywords: Alien Enemies Act, AEA, Donald Trump, deportation, Venezuelan citizens, Tren de Aragua, gang members, immigration, federal judge, Stephanie Haines, due process, legal challenges, wartime law, foreign terrorist organization, asylum, El Paso, Texas, Pennsylvania, notice period.