In a consequential ruling on Tuesday, U.S. District Judge Stephanie Haines upheld the Trump administration’s authority to use the Alien Enemies Act (AEA) to deport criminal illegal immigrants associated with the Venezuelan gang Tren de Aragua, but imposed a significant procedural condition: the administration must first provide adequate notice to those being targeted for removal, allowing for possible legal challenges such as due process and habeas corpus claims.
This ruling adds a complex legal layer to an already controversial policy move by President Trump, who, on March 14, signed an executive order formally invoking the Alien Enemies Act to combat what he described as an “invasion” of the United States by Tren de Aragua—a violent gang with alleged transnational links to terrorism and drug trafficking.
Judge Haines, a Trump appointee, upheld the executive branch’s authority to act under the 18th-century Alien Enemies Act in the interest of national security, but emphasized that constitutional protections still apply.
“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 in the 43-page opinion.
Her decision directly conflicts with a prior ruling earlier this month from another Trump-appointed judge, U.S. District Judge Fernando Rodriguez Jr., who found that the Alien Enemies Act does not authorize the deportation of gang members simply because they are deemed dangerous or criminal. Rodriguez argued the law’s language and historical context limit its use to nationals of a country with which the U.S. is at war—a standard he says is not met by the current situation with Venezuela.
“The president’s invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute’s terms,” Rodriguez wrote.
This creates a split in federal courts, which may ultimately require resolution by appellate courts or the U.S. Supreme Court.
Haines’ ruling applies narrowly to Venezuelan nationals who:
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Are not lawful permanent residents or naturalized U.S. citizens,
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Are at least 14 years old,
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And have been specifically designated as members of Tren de Aragua, which has been labeled a Foreign Terrorist Organization under the executive order.
This limitation underscores the government’s burden to prove designation and gang affiliation, and to allow affected individuals time to seek legal relief before removal.
