Judge upholds Trump's authority to deport members of Tren de Aragua under the Alien Enemies Act
However, the ruling only applies to Judge Stephanie L. Haines' district in Pittsburgh, Pennsylvania, and requires due process for the defendants.
A file image of immigrants deported to El Salvador
A federal judge upheld with a 43-page ruling the Trump administration's authority to deport members of the dangerous Venezuelan Tren de Aragua gang under the Alien Enemies Act.
While the ruling by Judge Stephanie L. Haines opens the door for the federal government to restart deportations of Venezuelan immigrants with criminal records in the U.S., it also requires the Trump administration to comply with due process for the accused by instructing authorities to inform the suspect of the charges in his native language, granting him 21 days to file objections, and offering him an "opportunity to be heard" in court.
The Trump administration has been criticized by immigrant advocacy organizations for allegedly wrongly sending Venezuelans to El Salvador under accusations that they belong to Tren de Aragua.
Society
Two judges block use of the Alien Enemies Act against alleged members of the TdA
Williams Perdomo
Organizations and family members of various deportees claim that the federal government failed to comply with due process in the deportations. The Trump administration, for its part, has vehemently denied the allegations.
Judge Haines' decision represents a victory for Trump and his plan to deport immigrants with records in the country, despite requiring the federal government to comply with legal standards in carrying out the deportations. The ruling contradicts previous decisions prohibiting the administration from carrying out deportations based on the Alien Enemies Act, which is legislation designed to expel enemies of the U.S. during wartime.
For example, earlier this month, another federal judge held that he would not prevent the administration from deporting people who are in the country illegally, but concluded that the Alien Enemies Act does not apply as a legal basis for expelling suspected gang members such as Tren de Aragua.
Although Haines partly agreed with the federal government, his decision only applies to detainees in western Pennsylvania in his district, which includes Pittsburgh and the Moshannon Valley Immigration Detention Center.
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