Federal Judge Authorizes Rare Use of Wartime Law to Deport Suspected Venezuelan Gang Members
In a groundbreaking decision, a federal judge has greenlit the use of a centuries-old wartime statute to deport Venezuelan nationals allegedly tied to a violent transnational gang.
Judge Stephanie Haines of Pennsylvania has upheld a presidential order invoking the Alien Enemies Act (AEA) to target members of Tren de Aragua, a notorious gang that originated in Venezuela and is now believed to be expanding operations in the United States.
This marks the first time a federal court has approved the application of the AEA in a modern immigration enforcement context. Originally passed in 1798, the law gives the president sweeping authority during times of war or national security threats to detain or remove nationals from hostile nations.
Under the new directive, federal authorities can deport individuals who meet three criteria:
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They are Venezuelan citizens aged 14 or older,
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They lack legal immigration status, and
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They are identified as members of Tren de Aragua.
While upholding the government’s authority, Judge Haines also imposed procedural safeguards. Individuals facing removal must now receive at least 21 days’ notice, in both English and Spanish, and be given an opportunity to challenge the allegations.
“This case presents complex legal questions closely tied to the structure of American government,” Haines wrote in her opinion. “The Court limits its decision strictly to the facts and laws directly at issue here.”
The ruling follows reports of mass removals of suspected gang members, some of whom have been transferred to facilities in El Salvador. The decision has already influenced ongoing legal challenges across the country.
One such case involves a Venezuelan man who fled his homeland in 2023 with his family after being extorted by gangs. He was arrested in the U.S. after a neighbor accused him of being affiliated with Tren de Aragua — an allegation he denies. Initially, Haines granted class action status and froze deportations in her district, but she has since lifted that stay, provided new notice standards are met.
In Texas, another case has drawn attention: a Venezuelan woman who entered the U.S. in 2023, citing political persecution, was arrested on similar gang-related accusations despite having temporary protected status. Her legal team is now fighting to block her deportation as her asylum claim remains under review.
The use of the Alien Enemies Act in these cases has ignited heated debate over due process, civil liberties, and the evolving definition of national security threats. Though Haines’ decision does not establish a national precedent, it could open the door for broader application of the AEA in immigration enforcement — a prospect that both alarms civil rights advocates and emboldens immigration hardliners.
