A federal judge in Pennsylvania has ruled that the Alien Enemies Act (AEA) can be invoked to deport members of the Tren de Aragua (TdA) gang. Judge Stephanie Haines issued the ruling on Tuesday, lifting a previous temporary order from April that had blocked the government from using the AEA for deportations.
Haines’ decision specifically applies to Venezuelan nationals aged 14 or older who have been identified as part of TdA and are neither naturalized citizens nor lawful permanent residents of the United States.
READ: DHS Urges Supreme Court To End Injunction On Deportation Of ‘Terrorist Gang Members’
In her ruling, Judge Haines concluded that the Venezuelan gang is engaged in a “predatory incursion” as defined under the AEA. She asserted that TdA is “certainly united by the common goal of causing significant disruption to the public safety…of those within the United States.” Drawing a historical parallel, she questioned, “The court cannot help but ask: Is a Foreign Terrorist Organization like [TdA] not the modern equivalent of a pirate or robber?”
Haines noted, “Most federal judges do not ‘begin the day with briefings that may describe new and serious threats to our Nation.’” She further stated that it is now up to the political branches of the government and the electorate to determine whether the existing laws and their enforcement align with the public will.
According to a report by The Hill, Judge Haines is the first federal judge to rule that the AEA can be used to remove members of the Venezuelan gang. An executive order issued on March 14 by the previous administration targeted Venezuelan TdA gang members in the U.S. for deportation. However, federal judges in New York, Colorado, and Texas had previously issued orders barring or temporarily pausing such deportations.
This ruling opens the door for AEA-based deportations to proceed within the western Pennsylvania court district overseen by Judge Haines, which includes a major immigration detention center in the Northeast. The order stipulates that the government must provide TdA gang members with at least 21 days’ notice in both English and Spanish before any deportation takes place.
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