A federal judge ruled that President Trump can use the Alien Enemies Act to deport Venezuelan gang members in the U.S. illegally, but said the administration must improve how it notifies individuals facing removal. The decision opens the door to targeting dangerous foreign criminal networks—but legal hurdles remain.
Key Facts:
- U.S. District Judge Stephanie Haines ruled the Trump administration may invoke the Alien Enemies Act to deport Tren De Aragua gang members.
- The decision applies to Venezuelan nationals 14 and older who are in the U.S. illegally and linked to the gang.
- Haines said the administration must provide proper notice to those being deported, which could allow due process challenges.
- The ruling conflicts with another judge’s finding that the AEA cannot be used in this context.
- Trump issued an executive order on March 14 to invoke the Alien Enemies Act against Tren De Aragua.
The Rest of The Story:
President Trump’s March executive order aimed to combat the influx of Tren De Aragua gang members entering the U.S. illegally.
On Tuesday, Judge Stephanie Haines upheld that the Alien Enemies Act (AEA) can be used to deport these individuals.
However, she cautioned that the administration failed to give enough notice before deportation—leaving room for legal challenges.
The ruling only affects Venezuelan nationals who are not legal residents and have been designated as affiliated with the Tren De Aragua gang, which has been tied to criminal activity across the U.S. and Latin America.
Haines emphasized that decisions on these laws should ultimately be decided by elected officials and the voters they represent.
This case contrasts with another recent decision by Judge Fernando Rodriguez Jr., who concluded the president’s invocation of the AEA overreached the law’s original scope.
🚨 BREAKING – VICTORY: FIRST federal judge rules that Trump's use of the Alien Enemies Act to deport Venezuelan criminal Tren de Aragua members is LEGAL.
U.S. District Judge Stephanie Haines made this decision. She is a TRUMP-appointed judge. pic.twitter.com/5sBMuRzM8W
— Eric Daugherty (@EricLDaugh) May 13, 2025
Commentary:
This ruling is a clear step in the right direction.
For far too long, dangerous criminal elements like the Tren De Aragua gang have exploited our borders and taken advantage of legal loopholes.
Judge Haines’ decision confirms that the President has the authority to act decisively when national security is at stake.
Allowing the AEA to be used in this way sets a powerful precedent.
If it can be applied to Venezuelan gang members, it can—and should—be used against other violent foreign gangs operating within our borders.
The executive branch has a duty to protect American citizens from threats that come from outside the country, especially when those threats involve illegal alien criminals with ties to terrorism and organized violence.
While the issue of notification remains, that is a procedural matter—not a question of whether these criminals should be removed.
Legal advocates may try to exploit the lack of notification to delay or stop deportations, but the core ruling stands: these individuals do not belong here.
The idea that someone who crosses the border illegally, joins a gang, and commits crimes on U.S. soil should be granted the same due process rights as American citizens is both absurd and dangerous.
Citizenship matters. Legal status matters.
Criminal behavior should nullify any claim to stay.
America must prioritize the safety of its people.
This ruling sends a message to cartels, gangs, and foreign criminals: the U.S. will no longer tolerate their presence, and our laws will be enforced.
The Bottom Line:
President Trump’s use of the Alien Enemies Act to deport Tren De Aragua gang members has been validated by a federal judge.
While technical questions about notice and due process could still be challenged, the authority to act has been affirmed.
The ruling lays important groundwork for future deportations of foreign gang members, reinforcing the President’s power to protect American communities.
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