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A federal judge ruled Tuesday that President Donald Trump has the authority to use a centuries-old wartime law to deport members of a Venezuelan gang labeled a terrorist organization.
U.S. District Judge Stephanie Haines, appointed by Trump and based in Pennsylvania, determined on Tuesday that the president may invoke the Alien Enemies Act (AEA) to expel members of Tren de Aragua, a gang Trump recently designated as a foreign terrorist group. Her decision diverges from rulings in other states, where judges have blocked similar actions taken under the 18th-century statute.
According to Haines, the president is permitted to deport individuals linked to foreign terrorist organizations under the AEA, but the administration must provide at least 21 days’ notice to those detained, both in English and Spanish, before deportations proceed.
Haines emphasized in her 43-page opinion that her role is to interpret the law strictly.
“Having 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,” she wrote.
Trump’s designation of Tren de Aragua as a terrorist organization allows him to apply the AEA, which was enacted in 1798 and authorizes removals during times of “invasion” or “predatory incursion” by foreign powers. Traditionally used in wartime, Trump cited the law in March to deport over 100 migrants, sending them to a facility in El Salvador.
Haines’ opinion departs from judgments in federal courts in Texas, New York, and Colorado. One case, overseen by U.S. District Judge Fernando Rodriguez Jr., also a Trump appointee, held that the president’s actions “exceed the scope of the statute and, as a result, is unlawful.”
While Haines did not address whether gang members themselves are directly covered under the AEA, she narrowed her decision to affirming the president’s authority to act against designated terrorist entities. Her ruling overturns a previous injunction she issued and permits deportations to proceed in the Western District of Pennsylvania, provided proper notification is given.