Federal Judge Rules on Deportation of Venezuelan Citizens
A federal judge has ruled that 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, made by 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 deport people labeled as being members of the gang.
Also on Tuesday, a 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 three other federal judges have said Trump was improperly using the act to speed deportations of people the administration says are Venezuelan gang members.
Background on the Case
Haines, a Trump appointee, also said the administration hasn’t been giving enough notice to people facing removal under the act. She ordered the administration to provide at least 21 days notice — far longer than the 12 hours some deportees have been given. 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.
The case was brought by 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 he is a member of Tren de Aragua — an allegation the man vehemently denies. Haines initially approved the case as a class action, temporarily blocking the Trump administration from using the act to deport any migrants in her district.
What the Ruling Means
The ruling means that the Trump administration can continue to deport 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. However, the administration must provide at least 21 days notice to those facing removal, as well as an opportunity to be heard on any objections they might have.
The ruling does not address whether people suspected of being members of other gangs could be removed under the act. It also does not 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.
Related Cases
In a related case, a woman who fled Venezuela after facing harassment, assault, and intimidation as a form of political persecution is seeking to stop the Trump administration from deporting her and other detainees in the region. She was arrested in Ohio and accused of being a gang member, which she denies. She is being held in El Paso and has asked Senior U.S. District Judge David Briones to stop the Trump administration from deporting her and other detainees in the region.
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.
Trump’s Proclamation
Trump issued a proclamation in March declaring 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 notorious prison in El Salvador.
The proclamation and deportations sparked a flurry of lawsuits in multiple states — including the one that led to Haines’ ruling. The administration has faced criticism for its use of the Alien Enemies Act, with some arguing that it is being used to unfairly target Venezuelan immigrants.
Notice Requirements
Haines ordered the administration to provide at least 21 days notice to people facing removal under the Alien Enemies Act. This is a significant increase from the 12 hours some deportees have been given in the past. The notice must be provided in English and Spanish, and individuals must be given an opportunity to be heard on any objections they might have.
Conclusion
The ruling by Judge Haines is a significant development in the ongoing debate over the use of the Alien Enemies Act to deport Venezuelan citizens. While the ruling allows the Trump administration to continue deporting certain individuals, it also establishes important notice requirements and ensures that those facing removal have an opportunity to be heard. The case highlights the complexities and challenges of immigration law and the need for careful consideration of the rights and interests of all individuals involved.
Frequently Asked Questions
Q: What is the Alien Enemies Act?
A: The Alien Enemies Act is an 18th-century law that allows the president to deport non-citizens deemed to be enemies of the United States during times of war or national emergency.
Q: Who is affected by the ruling?
A: The ruling affects 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.
Q: What notice requirements must the administration provide?
A: The administration must provide at least 21 days notice to individuals facing removal under the Alien Enemies Act. The notice must be provided in English and Spanish, and individuals must be given an opportunity to be heard on any objections they might have.
Q: Can the administration deport people suspected of being members of other gangs?
A: The ruling does not address whether people suspected of being members of other gangs could be removed under the act.
Q: What is the status of the woman who fled Venezuela and is seeking to stop her deportation?
A: The woman’s case is ongoing, and she has been temporarily barred from being deported by Senior U.S. District Judge David Briones.
