A federal judge ruled in favor of the Trump administration using the Alien Enemies Act to deport members of the vicious Tren de Aragua gang but also said the accused must be given sufficient notice.
U.S. District Judge Stephanie Haines is the first judge to rule in favor of President Donald Trump invoking the AEA to target members of a Foreign Terrorist Organization, a label that the president has applied to the Tren de Aragua group.
Haines’ order allowed deportations of suspected gang members to resume, but she added that the administration must give the migrants 21 days’ notice.
“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,” wrote Haines in the 43-page ruling on Tuesday.
Other judges have ruled that the administration is misapplying the act to a transnational gang when it should be applied to invading militaries of foreign governments.
“The Proclamation makes no reference to and in no manner suggests that a threat exists of an organized, armed group of individuals entering the United States at the direction of Venezuela to conquer the country or assume control over a portion of the nation,” said U.S. District Judge Fernando Rodriguez Jr. in Texas, also a Trump appointee.
“Thus, the Proclamation’s language cannot be read as describing conduct that falls within the meaning of ‘invasion’ for purposes of the AEA,” he added.
Haines’ order allowed deportations of suspected gang members to resume, but she added that the administration must give the migrants 21 days’ notice in English as well as Spanish of their impending deportation.
“The Court recognizes that it may need to conduct further analysis and consider additional issues related to the specifics of notice in the future,” Haines added. “However, at this preliminary stage of this case, the Court finds that the foregoing is appropriate and complies with the law.”
The U.S. Supreme Court ruled unanimously in April that migrants to be deported under the AEA have some due process rights that the administration must comply with.
The American Civil Liberties Union has called for the U.S. Supreme Court to issue a final decision on the president’s use of the AEA after the ACLU filed numerous lawsuits against his policies.
Haines was appointed to the court by Trump in 2019.
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