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  • Wednesday, 14 May 2025

Federal Judge Backs Trump’s Use of Wartime Law to Deport Venezuelan Gang Members

Federal Judge Backs Trump’s Use of Wartime Law to Deport Venezuelan Gang Members

A federal judge in Pennsylvania has become the first to approve Donald Trump's use of the Alien Enemies Act to deport alleged Venezuelan gang members, even though courts in New York, Texas, and Colorado have already ruled against it. Judge Stephanie Haines sided with the Trump administration’s claim that the Tren de Aragua gang qualifies as a "foreign terrorist organization" and could be treated as a “modern equivalent of a pirate or robber.” Still, she criticized how fast the government had been deporting people, sometimes deporting them within hours, and called the process “constitutionally deficient.”

 

Judge Haines ruled that the administration must now give targeted migrants 21 days’ notice before deportation, along with a chance to challenge the removal in court. Notices must be issued in both English and Spanish, with interpreters if needed. The ruling came in the case of a Venezuelan man referred to as A.S.R., who had been moved to Texas despite a restraining order keeping him in Pennsylvania. Immigration officials claimed the transfer was an accident.

 

The ruling applies only in Haines’ Pennsylvania district but has added to a growing legal divide that may force the Supreme Court to step in. While the administration argues it has given enough notice, critics including the ACLU, which plans to appeal, say using a wartime law during peacetime is unconstitutional. For now, the legal battle continues as some detainees wait in facilities like Texas’ Bluebonnet Detention Center, where judges have allowed Trump’s policy to move forward.

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