A federal judge says President Donald Trump can use the Alien Enemies Act to deport Venezuelan citizens who are shown to be members of the Tren de Aragua gang.
The ruling Tuesday from U.S. District Judge Stephanie Haines in Pennsylvania appears to be the first time a federal judge has signed off on Trump’s proclamation calling Tren de Aragua a foreign terrorist organization and invoking the 18th century wartime law to labeled as being members of the gang.
Also Tuesday, another federal judge in the western district of Texas temporarily barred the Trump administration from using the Alien Enemies Act to deport people in that region. At least have said Trump was the AEA to speed deportations of people the administration says are Venezuelan gang members.
Haines, a Trump appointee, also said the administration hasn鈥檛 been giving enough notice to people facing removal under the AEA. She ordered the administration to provide at least 21 days notice 鈥 far longer than the 12 hours that some deportees have been given.
鈥淭his case poses significant issues that are deeply interwoven with the constitutional principles upon which this Nation鈥檚 government is founded,鈥 Haines wrote. “In approaching these issues, the Court begins by stressing the questions that it is not resolving at this time.鈥
The ruling doesn’t address whether the administration can remove people under other immigration laws, nor does it address whether Trump can invoke the Alien Enemies Act to deport people who simply migrated to the U.S. and who aren’t members of a foreign terrorist organization, Haines wrote. She also did not weigh in on whether people suspected of being members of other gangs could be removed under the act.
But she did say the Act can be used to remove Venezuelan citizens who are at least 14 years old, who are in the U.S. without legal immigration status, and who are members of Tren de Aragua.
鈥淗aving done its job, the Court now leaves it to the Political Branches of the government, and ultimately to the people who elect those individuals, to decide whether the laws and those executing them continue to reflect their will,鈥 Haines wrote.
Trump issued a proclamation in March claiming that Tren de Aragua was invading the U.S. He said he had special powers to deport immigrants, identified by his administration as gang members, without the usual court proceedings. After the proclamation, the administration began deporting people designated as Tren de Aragua members to a in El Salvador.
The proclamation and deporations sparked a flurry of lawsuits in multiple states 鈥 including the one that led to Haines’ ruling Tuesday. That case was brought a Venezuelan national who says he fled to the U.S. with his wife and children in 2023 after facing extortion in his own country. He was arrested in February after a neighbor reported that he is a member of Tren de Aragua 鈥 a claim the man vehemently denies.
Haines initially approved the case as a class action, temporarily blocking the Trump administration from using the AEA to deport any migrants in her district. But she lifted that designation Tuesday, clearing the way for deportations to resume as long as the people being removed are given at least 21 days notice in English and Spanish as well as an 鈥渙pportunity to be heard鈥 on any objections they might have.
In the Texas case, a woman said she fled Venezuela after she was subjected to repeated harassment, assault and intimidation as a form of political persecution. She came to the U.S. in 2023 and was granted temporary protected status, and is currently seeking asylum.
But last month she was arrested in Ohio and accused of being a gang member, which she denies. She is currently being held in El Paso, and asked Senior U.S. District Judge David Briones to stop the Trump administration from deporting her and other detainees in the region because, she said, the president’s proclamation violates the due process rights of people facing removal and wrongly equates Tren de Aragua as an invasion by a foreign government.
Briones said she was likely to succeed on the merits, and temporarily barred the administration from transferring the woman or other people in the region accused of being Tren de Aragua members into other districts or deporting them under the Alien Enemies Act.
