A federal judge in Pennsylvania has said that President Donald Trump validly invoked the Alien Enemies Act in March as part of an effort to deport Venezuelan gang members.
More specifically, U.S. District Judge Stephanie Haines held that the gang - Tren de Aragua (TdA) - was engaging in the type of “predatory incursion” that the Alien Enemies Act mentions.
In an opinion on May 13, Haines noted that TdA has been designated a foreign terrorist organization.
That designation, she said, “heavily supports the conclusions ... that TdA is a cohesive group united by a common goal of causing significant disruption to the public safety of the United States.”
Haines, a Trump appointee, emphasized her “unflagging obligation is to apply the law as written.”
“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,” Haines wrote in her 43-page ruling.
Three other district court judges have ruled against the Trump administration, stating that Trump misapplied the law with a proclamation he issued in March.
Each of those judges disagreed with Trump’s description of TdA as engaging in an invasion or predatory incursion.
The government can now proceed, so long as they provide 21-days’ notice to migrants in both English and Spanish.
“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 wrote.
“However, at this preliminary stage of this case, the Court finds that the foregoing is appropriate and complies with the law.”
