A federal judge has approved President Donald Trump’s use of the Alien Enemies Act to deport Venezuelan citizens linked to the Tren de Aragua gang. This ruling by U.S. District Judge Stephanie Haines in Pennsylvania marks the first instance of a federal judge endorsing Trump’s designation of Tren de Aragua as a foreign terrorist organization under the 18th-century wartime law for deportation purposes.

However, a separate federal judge in Texas has temporarily blocked the administration from utilizing the Alien Enemies Act for deportations in that region, citing concerns about due process. Judge Haines, an appointee of President Trump, emphasized the need for adequate notice to individuals facing removal under the Act, calling for a minimum of 21 days notice, significantly longer than the mere 12-hour notices some deportees have received.

Although Haines’ ruling does not address removal under other immigration laws or the deportation of individuals not affiliated with a foreign terrorist organization, she affirmed that the Act can be used to deport Venezuelan citizens aged 14 and above without legal immigration status who are members of Tren de Aragua.

President Trump’s proclamation alleging an invasion by Tren de Aragua prompted deportations to El Salvador, leading to legal challenges in various states. The case that led to Judge Haines’ decision involved a Venezuelan national denied gang membership accusations. While the class action status blocking AEA deportations was lifted, the judge mandated a 21-day notice period and an opportunity for objections in English and Spanish for pending removals in her district.

In a separate Texas case, a woman fleeing political persecution in Venezuela, granted temporary protected status, faces deportation allegations. Judge David Briones has temporarily halted her removal, citing potential due process violations and the erroneous categorization of Tren de Aragua as a foreign government invasion.