A federal judge ruled Tuesday that President Trump can invoke the Alien Enemies Act (AEA) to deport members of the Venezuelan gang Tren de Aragua, but must first provide proper notice. U.S. District Judge Stephanie Haines upheld Trump’s use of the 1798 wartime law against foreign terrorist organizations but faulted the administration for failing to give 21 days’ written notice in both English and Spanish.
Haines, a Trump appointee, said her job was to “apply the law as written,” placing her ruling at odds with judges in other jurisdictions who have rejected the administration’s use of the AEA to target gang members, calling it unconstitutional outside a declared invasion.
The decision allows deportations to resume in the Western District of Pennsylvania but adds to a legal patchwork. Courts in Texas, Colorado, and New York have blocked AEA-based removals.
The ACLU is urging the Supreme Court to resolve the dispute as litigation creates uncertainty for migrants in detention.
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