A federal judge in Pennsylvania on Tuesday became the first to say President Trump can invoke the Alien Enemies Act to deport Tren de Aragua gang members.
US District Judge Stephanie Haines, a Trump appointee, said President Trump’s description of the Venezuelan gang’s “incursion” into the US meets the threshold to invoke the Alien Enemies Act.
“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,” the judge wrote.
The judge said in her 43-page ruling that the Trump Administration must provide detainees subject to removal under AEA a 21 days’ notice and “opportunity to be heard.”
The notice must be in English and Spanish and if needed, Spanish-to-English interpreters shall be provided for any necessary hearings.
JUST IN: A federal judge in Pennsylvania became the first to back President Trump’s invocation of the Alien Enemies Act, saying Trump’s description of Tren de Aragua’s “incursion” into the United States satisfies the AEA’s definition. https://t.co/jTKdMv5fLf pic.twitter.com/uEazJ8AlJf
— Kyle Cheney (@kyledcheney) May 13, 2025
Numerous judges have ruled against Trump since Boasberg ordered planes carrying Venezuelan gang members en route to El Salvador to be turned around.
Earlier this month, a federal judge issued a permanent injunction and barred the Trump Administration from using the Alien Enemies Act (AEA) to remove Venezuelan gang members and transport them to El Salvador.
US District Judge Fernando Rodriguez, a Trump appointee, called the President’s invocation of the Alien Enemies Act “unlawful.”
According to Judge Rodriguez, the AEA only applies when the US is at war and under an armed attack.
Last month, a federal judge in Texas halted the deportation of suspected Tren de Aragua gang members under the Alien Enemies Act.
US District Judge David Briones, a Clinton appointee, on Friday ordered the release of two suspected TdA members. The judge admonished DOJ lawyers and said they “have not demonstrated they have any lawful basis” to keep the couple detained.
Judge Briones’ ruling applies to all illegal aliens facing deportation under the Alien Enemies Act in his Texas judicial district.
Other federal judges in New York, Colorado, and South Texas have issued similar rulings.
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