A federal judge in Pennsylvania ruled that President Trump's use of the Alien Enemies Act is lawful, in a major boost for Trump's mass deportation effort.
The decision from Judge Stephanie Haines, a Trump appointee, offers some reprieve for Trump after a series of legal setbacks that have hobbled his immigration agenda.
Since March, Trump has used the Alien Enemies Act to swiftly deport alleged gang members in groups like Tren de Aragua, which the administration has designated a terrorist organization.
Trump's rapid deportations have faced resistance from some federal courts on due process grounds. Some judges have also said that Trump's use of wartime powers is inappropriate because Tren de Aragua is not part of a conventional military invasion.
Crucially, Judge Haines rejected the narrow view of other courts. The Alien Enemies Act can be interpreted in a modern context, Haines said, comparing Tren de Aragua to "military detachments or pirates” that threatened the public when the Alien Enemies Act became law in 1798.
The activities of Tren de Aragua meet the definition of "predatory incursion," she said, noting the gang is "bent on destabilizing the United States" and is "flooding the United States with illegal narcotics, which it is using as a 'weapon' against the citizens of the United States."
The judge accepted the Trump administration's conclusion that Tren de Aragua is acting "at the direction, clandestine or otherwise, of the Maduro regime in Venezuela."
Displaying a sense of humility lacking in some other judges, Haines said deference is owed to Trump's position as commander-in-chief, which allows him to access secret information through intelligence services.
"It would be intolerable that courts, without the relevant information, should review and perhaps nullify actions of the Executive taken on information properly held in secret," Judge Haines said.
Judge Haines relied heavily on Secretary of State Marco Rubio's designation of Tren de Aragua as a terrorist group.
She noted that the ruling is limited to dealing with terrorists and does not apply to whether Trump can use the Alien Enemies Act to target gang members.
While siding with Trump on the legal substance, the judge emphasized that the administration "must provide greater notice to those subject to removal under the AEA than they are currently providing."
She ordered that 21 days of notice be provided to detainees, and they must be given Spanish interpreters if necessary.
