A U.S. federal judge has ruled that President Donald Trump’s administration can lawfully invoke the 1798 Alien Enemies Act to deport suspected members of foreign gangs — a decision that could significantly expand executive power in immigration enforcement.
The ruling, delivered on May 13, 2025 by U.S. District Judge Stephanie Haines in Pennsylvania, upheld the government’s use of the centuries-old statute to remove alleged affiliates of the Venezuelan gang Tren de Aragua, recently designated by U.S. authorities as a foreign terrorist organization.
According to Reuters, the case involved a Venezuelan national, identified in court filings as A.S.R., whose removal had been challenged by the ACLU on constitutional grounds. Although the court did not definitively establish the individual’s ties to any gang, Judge Haines ruled that the Alien Enemies Act, originally intended for wartime use against citizens of enemy nations, can be applied in this context following the group’s terror classification.
This decision stands in contrast to prior rulings by federal judges in New York, Colorado, and Texas, who rejected similar efforts by the Trump administration to use the Alien Enemies Act outside of formally declared wars.
While siding with the legal framework presented by the administration, Judge Haines criticized the practice of expedited deportations, some of which had reportedly taken place within hours of arrest. She mandated that any individual subject to removal under this statute must be granted a minimum of 21 days’ notice, provided translation services, and given an opportunity to challenge their deportation in court.
Despite a temporary restraining order in place, authorities transferred A.S.R. to ICE custody in Texas, a move that drew sharp criticism from civil rights attorneys. The ACLU’s Lee Gelernt, who represents the defendant, described the action as a violation of due process and announced plans to appeal the decision.
The Trump administration has already deported several individuals accused of gang affiliation to El Salvador, as part of a broader crackdown. In exchange, the U.S. reportedly provided the Salvadoran government with $6 million in security-related funding.
Legal scholars say the ruling could pave the way for an eventual Supreme Court review on the limits of presidential power under the Alien Enemies Act — a law that, until now, had rarely been applied outside of declared wars.
