Federal Court Upholds Use of Alien Enemies Act for Gang Deportations

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A Pennsylvania federal judge ruled Tuesday that President Donald Trump may use the Alien Enemies Act to deport Venezuelan nationals identified as members of the Tren de Aragua gang. This is the first court decision to uphold the use of the 18th-century wartime law in a modern domestic context, and the ruling immediately set off reactions across legal, political, and immigrant communities.

Legal Authority Backed by an Archaic Law

The Alien Enemies Act, passed in 1798, was originally intended for wartime deportations of nationals from hostile countries. Trump’s administration argued that Tren de Aragua constitutes a foreign threat, and that its members are engaged in organized violence against the United States. The president issued a proclamation in March identifying the gang as a foreign terrorist organization and describing its presence as a hostile incursion.

Judge Stephanie Haines found that the proclamation met the standards required by the Alien Enemies Act. She ruled the government may deport non-citizen Venezuelans aged 14 and older who lack legal status and are confirmed gang members. However, the court also ordered the government to provide at least 21 days’ notice before removing any individual under the law. That requirement replaces the 12-hour notice period previously used in some cases.

Due Process Safeguards Now Mandated

The court’s order requires that notices be issued in both English and Spanish, and that each recipient be granted an opportunity to challenge their removal. Haines emphasized that her ruling applied only to the specific group outlined in the proclamation. It did not grant the administration unlimited power to deport immigrants or other groups under the same legal provision.

“This case poses significant issues that are deeply interwoven with the constitutional principles upon which this Nation’s government is founded,” she wrote. “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.”

National Division Amid Mixed Rulings

Federal judges in Texas and New York have already blocked the administration from using the Alien Enemies Act in their districts, arguing that the statute does not support removals under peacetime conditions. The American Civil Liberties Union also opposes its use, claiming it deprives migrants of due process and misrepresents historical intent.

The Pennsylvania case involved a Venezuelan man who said he fled extortion in 2023 and was falsely identified as a gang member by a neighbor. His removal was temporarily paused pending review. Tuesday’s decision cleared the way for deportations to resume in Haines’ district as long as the new requirements are met.

Political Support for a Tough Stance

Supporters of the ruling view it as a firm response to violent foreign actors operating inside the U.S. “When you have quality seeds, you can put them in foreign soil and they will blossom,” said Deputy Secretary of State Christopher Landau at the welcome ceremony for deportees. “But when those seeds bring weeds and crime, we have a responsibility to act.”

Law enforcement officials say the Tren de Aragua gang has links to narcotics, human trafficking, and organized criminal networks across Latin America. Deportees labeled as members have been sent to high-security prisons in El Salvador under bilateral security agreements.

Scope of Authority Still in Dispute

Legal analysts say the ruling leaves many questions unresolved. It remains unclear whether the administration can expand the law’s use to include other nationalities or broader criminal associations. Judge Haines declined to rule on whether the act permits blanket removals of immigrants not tied to organized crime or terrorism.

For now, the use of the Alien Enemies Act remains narrowly defined but far from settled. More rulings are expected in the coming weeks as federal courts review other challenges.

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