Quick Hit:

A federal judge ruled Tuesday that the Trump administration lawfully invoked the 1798 Alien Enemies Act to deport members of the violent Venezuelan gang Tren de Aragua, calling their infiltration a “predatory incursion” threatening U.S. safety. However, the court also demanded more due process for individual detainees.

Key Details:

• U.S. District Judge Stephanie Haines upheld Trump’s use of the Alien Enemies Act to expel TdA gang members, calling their actions a modern “predatory incursion.”
• The judge said Trump’s March Proclamation was backed by fact, particularly the designation of TdA as a Foreign Terrorist Organization.
• The ruling also requires the administration to provide 21-day notice and hearings for affected detainees, with instructions in both English and Spanish.

Diving Deeper:

A federal judge has handed the Trump administration a significant legal victory in its push to crack down on violent foreign criminals operating within the United States. On Tuesday, U.S. District Judge Stephanie Haines ruled that former President Donald Trump was within his constitutional and statutory authority when he invoked the 1798 Alien Enemies Act to authorize the expedited removal of suspected members of the Tren de Aragua (TdA) gang—an ultra-violent criminal network tied to Venezuela’s socialist regime.

In her ruling, Judge Haines affirmed that the administration’s classification of the TdA’s activities as a “predatory incursion” fits the original intent of the centuries-old law, which allows the president to act swiftly against foreign nationals tied to hostile acts against the country. “The Court finds that [the administration's] definition is faithful to the meaning of ‘predatory incursions’ in 1798,” Haines wrote, acknowledging that the law’s application to modern gang warfare was reasonable in light of “changes in the world.”

Trump’s March Proclamation, which declared TdA a foreign threat to the United States, was a key element of the case. The gang was previously designated a Foreign Terrorist Organization under U.S. law, bolstering Trump’s argument that its members are not just criminals, but participants in a coordinated campaign of subversion and violence against Americans. According to the Proclamation, TdA is deeply embedded with the Venezuelan regime's narco-terrorist operations and has already infiltrated U.S. cities to carry out kidnappings, drug trafficking, and murders.

Judge Haines confirmed the Proclamation was grounded in fact, referencing evidence provided by the Trump administration and the gang’s formal terrorist designation by the Secretary of State. She wrote that TdA was indeed operating as a “cohesive group united by a common goal of causing significant disruption to the public safety of the United States.”

Still, while the ruling affirms the administration’s authority under the Alien Enemies Act, it also introduced new requirements for due process. Detainees subject to removal must now receive at least 21 days’ notice, a clear explanation of their status under the Proclamation, and access to hearings—with language accommodations if necessary.

The decision follows a months-long legal battle, during which several lower court judges attempted to block Trump’s deportation efforts. However, the U.S. Supreme Court reversed an earlier injunction in April, allowing removals to proceed while legal challenges played out.

The ruling underscores the Trump administration’s continued focus on using every legal tool available to protect American citizens and remove violent foreign actors. While critics have argued the Alien Enemies Act is outdated, the court’s opinion reinforces that even centuries-old laws can have new relevance when applied to modern threats—especially those emerging from regimes hostile to the U.S. and its values.

 (AP Photo/Mark Schiefelbein)