First judge approves Trump invoking Alien Enemies Act to deport Venezuelans

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First judge approves Trump invoking Alien Enemies Act to deport Venezuelans

 

In a significant yet partial victory for President Donald Trump, a federal judge has upheld his use of the centuries-old Alien Enemies Act to deport certain Venezuelan nationals. U.S. District Judge Stephanie Haines, appointed by Trump and serving in Pennsylvania, ruled in favor of the former president’s March 14 proclamation, which classified the Venezuelan criminal gang Tren de Aragua as a foreign threat attempting an “incursion” into the United States.

 

This is the first time a federal judge has endorsed Trump’s use of the 1798 statute as a tool for immigration enforcement. The Alien Enemies Act, originally intended for use during wartime against citizens of enemy nations, was reinterpreted by Haines to apply to modern security threats. While the law was conceived to counter military invasions, Judge Haines stated that today’s evolving threats, such as violent transnational gangs, can fall within its scope. She likened the activities of Tren de Aragua to the pirate raids and foreign detachments that spurred the law’s creation more than two centuries ago.

 

“Old statutes can be applied to modern developments in the world,” Haines said, adding that the gang’s violent activities and illegal border crossings were in line with the kind of hostilities the law was meant to counter. Her comparison drew a direct line between 18th-century threats and present-day non-state actors capable of destabilizing national security.

 

Despite this legal boost for Trump’s broader immigration strategy, the ruling did not grant his administration unchecked power. Judge Haines delivered a sharp rebuke of the administration’s attempt to expedite deportations with minimal legal oversight. The Department of Homeland Security had argued that providing just 12 to 24 hours of notice before deportation was sufficient. Haines disagreed, mandating that individuals be granted at least 21 days to challenge their deportation in court.

 

“The administration had fallen woefully short of its obligation to allow those targeted by the Alien Enemies Act to raise legal challenges,” she stated, underlining that due process must still apply, even in national security-related immigration matters.

 

The ruling comes in contrast to decisions from other federal courts. Judges in New York, Texas, and Colorado have rejected Trump’s interpretation of the Alien Enemies Act, arguing that criminal gangs, even violent ones, do not meet the standard of a government-backed invasion or hostilities required by the statute. In a parallel decision issued almost simultaneously with Haines' ruling, another Texas judge blocked deportations under the Alien Enemies Act unless individuals received at least 30 days’ notice — further complicating any immediate implementation of Trump’s mass deportation plans.

 

Nevertheless, Haines’ decision could open a new legal pathway for immigration enforcement based on national security rationales. It marks an unusual, though limited, validation of Trump’s aggressive tactics in a legal landscape that has mostly resisted his sweeping deportation measures.

As the debate over the scope of presidential authority in immigration enforcement continues, this ruling both empowers and restrains. While it grants Trump a legal endorsement for invoking a rarely used wartime statute, it simultaneously reaffirms that even in matters of national security, constitutional protections cannot be cast aside.

 

  Adapted by ASEAN Now from Politico  2025-05-15