Judge upholds Trump's authority to deport criminal migrants under Alien Enemies Act

A national justice connected Tuesday said the Trump administration tin invoke the Alien Enemies Act (AEA) to deport transgression amerciable migrant members of the Venezuelan Tren De Aragua gang, but that it has not fixed capable anterior announcement to those taxable to removal, earlier those deportations tin instrumentality place, which would let imaginable owed process and habeas ineligible challenges.

The 43-page ruling by U.S. District Judge Stephanie Haines, a Trump appointee, conflicts with different rulings challenging the administration's deportation efforts. 

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Suspected pack members get successful El Salvador by plane, including 238 members of Venezuela's Tren de Aragua pack and 23 members of the MS-13 gang. A national tribunal connected Tuesday ruled that the Trump medication tin invoke the Alien Enemies Act (AEA) to deport transgression amerciable migrant members of the Venezuelan Tren De Aragua gang. (El Salvador Presidency / Handout/Anadolu via Getty Images)

"Having done its job, the Court present leaves it to the Political Branches of the government, and yet to the radical who elite those individuals, to determine whether the laws and those executing them proceed to bespeak their will," Haines wrote.

Fox News Digital has reached retired to the White House. 

Trump issued an executive order connected March 14, "Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua." 

Tuesday's ruling was confined to Venezuelan aliens who are not naturalized oregon lawful imperishable residents, 14 years oregon older, and person been specifically designated arsenic portion of a Foreign Terrorist Organization, specifically Tren de Aragua.

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More than 250 suspected pack members get successful El Salvador by plane, including 238 members of Venezuela's Tren de Aragua pack and 23 members of the MS-13 gang, who were deported to El Salvador by the US successful San Salvador, El Salvador connected Mar.16, 2025. El Salvador's President Nayib Bukele confirmed they volition beryllium sent to the country's infamous mega-prison astatine CECOP installation prison. San Salvador forces took dense information measures.  (El Salvador Presidency / Handout/Anadolu via Getty Images)

Earlier this month, different justice stated that helium would not forestall the medication from deporting individuals successful the U.S. illegally but that the Alien Enemies Act could not beryllium utilized arsenic a ground to expel alleged pack members from the country.

"The question that this suit presents is whether the President tin utilize a circumstantial statute, the AEA, to detain and region Venezuelan aliens who are members of [Tren de Aragua]" U.S. District Court Judge Fernando Rodriguez Jr., different Trump appointee, wrote successful his order. 

The U.S. Attorney's Office and instrumentality enforcement agencies successful Tennessee announced the indictment of aggregate radical successful the authorities with ties to the Venezuelan pack Tren de Aragua (TdA). (Left: Obtained by New York Post Center: Edward Romero Right: DEA)

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"As to that question, the humanities grounds renders wide that the president’s invocation of the AEA done the Proclamation exceeds the scope of the statute and is contrary to the plain, mean meaning of the statute’s terms," the bid states.