May 13, 2025 | Washington, D.C. — In a landmark decision that could reshape U.S. immigration enforcement, a federal judge has ruled that former President Donald Trump is legally permitted to invoke the Alien Enemies Act (AEA) to deport individuals identified as members of the violent Venezuelan gang known as Tren de Aragua (TdA).
U.S. District Judge Stephanie Haines, presiding in Pennsylvania, issued the ruling Tuesday, declaring that President Trump’s proclamation and supporting documentation “support the finding that TdA is committing a ‘predatory incursion’ as that term is defined in the Alien Enemies Act.” The decision marks the first successful judicial validation of Trump’s controversial use of the centuries-old wartime law.
“This ruling confirms the president’s authority to act swiftly when foreign actors threaten the internal security of the United States,” Haines wrote in her opinion. “The designation of Tren de Aragua as a foreign terrorist organization, combined with evidence of coordinated criminal activity on U.S. soil, satisfies the requirements of the AEA.”
The Alien Enemies Act, passed in 1798 and rarely used in modern times, allows the president to detain or deport nationals from hostile nations during times of conflict. Trump’s legal team has argued that the gang’s transnational criminal enterprise—allegedly linked to the Venezuelan regime—constitutes a form of “asymmetric warfare” or “predatory incursion,” thus falling under the Act’s scope.
Tren de Aragua has been accused of drug trafficking, human smuggling, extortion, and violent crime in multiple Latin American countries and recently in U.S. cities. In March 2025, President Trump issued a proclamation officially labeling the gang a foreign terrorist organization and ordered the Department of Homeland Security to begin expedited removal proceedings.
A Divided Judiciary
Haines’ ruling stands in contrast to decisions from federal judges in New York, Texas, and Colorado, where similar deportation efforts were temporarily blocked on grounds of due process and concerns over the law’s applicability to non-state actors.
Still, Judge Haines emphasized the need for procedural safeguards, requiring the government to provide at least 21 days’ notice to individuals targeted for removal and an opportunity to challenge their designation in court.
What Comes Next
The ruling is expected to be appealed, possibly fast-tracking the case to the U.S. Supreme Court, where the balance of power could determine the future scope of presidential authority under the AEA. In the meantime, immigration officials have signaled they will resume deportations of identified TdA members, citing national security concerns.
In a brief statement Tuesday evening, Trump applauded the decision: “Today’s ruling is a victory for law and order. We will not allow violent foreign gangs to exploit our borders and terrorize our communities.”
Civil liberties groups, however, warned that the ruling sets a dangerous precedent. “Using wartime powers to target immigrants based on alleged gang affiliations risks sweeping up innocent people and undermines due process,” said the ACLU in a statement.
With immigration policy once again taking center stage, this ruling could have broad implications for the 2026 midterm elections and the balance of executive power in the U.S. government.
