A federal judge ruled Tuesday, May 13, that the Trump administration can use the Alien Enemies Act (AEA) to deport suspected members of the Venezuelan gang, Tren de Aragua (TDA). U.S. District Judge Stephanie Haines ruled that the government can use the AEA to deport Venezuelans living in the U.S. illegally, who are age 14 or older, confirmed gang members, and not legal immigrants of the United States.
21-day notice and legal challenge required
The ruling favored the Trump administration with the caveat that it must provide a 21-day notice and follow proper due process procedures before deporting an individual under the AEA. This ensures that individuals who are given deportation orders have been informed in advance and are provided the legal opportunity to challenge their deportation in court if they choose to do so.
“Having done its job, the court now leaves it to the political branches of the government, and ultimately to the people who elect those individuals, to decide whether the laws and those executing them continue to reflect their will,” Haines wrote in her 43-page ruling.
ACLU responds to ruling
Lee Gelernt, an attorney for the American Civil Liberties Union, provided a statement to ABC News saying the ACLU disagrees with the judge’s decision.
“The court properly rejected the government’s argument that they can remove people with only 12 hours’ notice. But we disagree with the court’s ruling that the Alien Enemies Act can be used during peacetime,” Gelernt said.
Executive order declared national emergency
In February, Trump signed an executive order declaring a national emergency and designating both Tren de Aragua and MS-13 as foreign terrorist organizations.
In March, the Trump administration deported hundreds of Venezuelan nationals, some of whom were suspected TDA members, to El Salvador’s CECOT mega-prison. These deportations were carried out under the Alien Enemies Act, a 1798 law invoked by Trump to expedite the removal of foreign nationals deemed national security threats.
ACLU challenge and Supreme Court ruling
In mid-April, the ACLU asked the U.S. Supreme Court to urgently stop the federal government from deporting Venezuelans using the AEA. The ACLU argued that these deportations violate due process rights, which would be unconstitutional.
Last month, the Supreme Court ruled that Trump can deport suspected foreign TDA and MS-13 members under the law, but only if the government gives them enough time and opportunity to legally challenge their deportation first.
