Trump secures rare court win allowing use of 1798 law to expedite Venezuelan deportations

WASHINGTON, May 14 — A federal judge in Pennsylvania ruled Tuesday that the United States may invoke the Alien Enemies Act to expedite the deportation of alleged Venezuelan gang members, marking what appears to be the first legal endorsement of the Trump administration’s interpretation of the 1798 statute.

US District Judge Stephanie Haines, presiding in the Western District of Pennsylvania, concluded that President Donald Trump has the authority to designate the Venezuelan gang Tren de Aragua as a foreign terrorist organization and deport its members under the Alien Enemies Act. However, she criticized the administration’s practice of executing deportations “within a matter of hours.”

Haines, a Trump appointee, mandated that deportees must receive at least 21 days’ notice and be given a chance to contest their removal, warning that individuals wrongly identified as gang members could be unjustly deported.

The ruling was issued in the case of a Venezuelan man identified as A.S.R. While the court did not determine whether he belonged to the gang, Haines ruled that individuals like him are entitled to due process.

The judge also directed the government to issue deportation notices in both Spanish and English and to provide interpreters when needed.

Lee Gelernt, an attorney with the American Civil Liberties Union representing A.S.R., said an appeal is planned. “We strongly disagree with the Court’s decision to allow the government to continue using this wartime authority during peacetime, and will appeal that aspect of the decision,” he said.

Haines’ decision contrasts with other federal court rulings in New York, Colorado, and Texas, where judges have rejected the administration’s use of the Alien Enemies Act to deport Venezuelans. Trump invoked the law in March to justify deporting hundreds of individuals alleged to be affiliated with Tren de Aragua.

Despite a temporary restraining order barring his relocation, A.S.R. was transferred from an ICE facility in Philipsburg, Pennsylvania, to a detention center in Texas on April 15. Haines maintained her court still held jurisdiction over the case.

As part of Trump’s stringent immigration strategy, alleged gang members have been deported to a prison in El Salvador under a US$6 million agreement between the United States and the Central American nation.

The White House has yet to comment on the ruling. — Reuters