In a controversial legal decision, a federal judge has ruled that former President Donald Trump can use the Alien Enemies Act (AEA)—a law from the 18th century—to deport Venezuelan immigrants who are confirmed members of the gang Tren de Aragua.
The ruling was made on Tuesday, May 14, 2025, by U.S. District Judge Stephanie Haines in Pennsylvania, and it could open the door to new deportation powers if upheld nationwide.
What Is the Alien Enemies Act?
The Alien Enemies Act was passed in 1798 and allows the U.S. government to deport nationals of enemy countries during wartime. Trump’s administration has interpreted this law in a modern way—claiming that gang members like Tren de Aragua pose a national threat similar to a foreign enemy.
In March 2025, Trump issued a proclamation calling the Venezuelan gang an “invasion force” and began deporting individuals alleged to be members without the usual court process.
What Did Judge Haines Decide?
Judge Haines ruled that the government can deport Venezuelan citizens who:
- Are at least 14 years old
- Are in the U.S. without legal status
- Are members of the Tren de Aragua gang
However, she also said the administration must provide:
- At least 21 days’ notice before deportation
- Written notice in both English and Spanish
- A chance for the person to respond or object
Earlier, some individuals received just 12 hours’ notice, which the judge said was not enough.
What the Ruling Does Not Cover
Judge Haines made it clear that her ruling does not allow:
- Deporting people who are not gang members under the AEA
- Using the AEA on other foreign nationals or other gangs
- Deportations under other immigration laws—those are separate
She also noted that Congress and voters should ultimately decide if these laws reflect the country’s current values.
Conflicting Rulings in Texas and Other States
On the same day, another federal judge in Texas, David Briones, blocked the Trump administration from using the AEA to deport immigrants in that region.
In that case, a Venezuelan woman seeking asylum said she had temporary protected status (TPS), but was arrested and accused of being a gang member. She denies the claim and argues that the president’s order violates her constitutional rights.
Judge Briones agreed she could win her case and temporarily stopped deportations under the AEA in western Texas, at least for now.
Similar legal battles are happening in at least three other states.
The Bigger Picture: A Controversial Move
Supporters of Trump’s approach argue that Tren de Aragua is dangerous and that the country needs fast action to remove threats. But critics say the policy violates due process and wrongly labels immigrants as terrorists.
In one of the lawsuits, a Venezuelan man says he fled his home country with his wife and children after being extorted by gangs. He claims he was wrongly accused of being a gang member after a neighbor reported him.