For the first time, a federal judge has upheld President Donald Trump’s use of the Alien Enemies Act (AEA), a wartime power he invoked to deport Venezuelan nationals alleged to be members of the Tren de Aragua gang. U.S. District Judge Stephanie Haines, appointed by Trump, ruled in favor of Trump’s March 14 proclamation declaring that the violent Venezuelan gang is conducting an “incursion” into the United States. The proclamation also labels Tren de Aragua and El Salvador’s MS-13 as terrorist organizations. However, Judge Haines criticized the administration’s handling of deportations, ruling that individuals facing removal must receive at least 21 days’ notice, significantly longer than the few hours some have previously been given. She emphasized that the case raises complex constitutional issues but did not resolve whether the AEA can be used more broadly or for other gangs. Haines confirmed that the Act applies to Venezuelan citizens aged 14 and older who lack legal immigration status and are confirmed members of Tren de Aragua. The court left broader policy decisions to Congress and the executive branch.

Following Trump’s proclamation, the administration began deporting alleged gang members to a notorious prison in El Salvador. This triggered lawsuits, including one filed by a Venezuelan man who fled extortion and denies gang affiliation. The judge initially blocked deportations in her district but lifted the restriction while requiring proper notice and an opportunity for affected individuals to contest removal. The case reflects ongoing legal battles over the use of the AEA for immigration enforcement and concerns about due process protections.