Federal Judge Approves Trump’s Use of Alien Enemies Act for Gang Deportations

On May 13, 2025, U.S. District Judge Stephanie Haines ruled that President Trump can use the Alien Enemies Act (AEA) of 1798 to deport members of the Venezuelan gang Tren de Aragua, marking a significant victory for his administration’s immigration policy.

The decision, detailed in a 43-page opinion (Case 3:25-cv-00113-SLH), found that the gang’s actions qualify as a “predatory incursion” under the AEA, allowing deportations to proceed.

However, Haines criticized the process as “constitutionally deficient,” ordering the government to provide migrants with at least 21 days’ notice and an opportunity to challenge their removal in court—a stark increase from the previously reported 12 to 24 hours.

This ruling diverges from earlier decisions by federal judges in Colorado, New York, and South Texas, who had blocked similar deportations.

The AEA, historically invoked during wartime, has sparked controversy, with U.S. intelligence agencies finding no evidence of Venezuelan government involvement in the gang’s activities, contrary to Trump’s claims.

The decision creates a judicial split, likely prompting Supreme Court review, as ACLU lawyers plan to appeal.

The ruling underscores ongoing debates over immigration enforcement and national security.

BREAKING: Federal Judge Stephanie Haines rules that President Trump may continue deportations of gang members using the Alien Enemies Act.

“This Court's unflagging obligation is to apply the law as written. When the Court does so, it finds that the Proclamation now at issue… pic.twitter.com/3r9J4GaVZS

— America (@america) May 13, 2025