A federal judge ruled Tuesday that President Donald Trump has the authority to invoke a wartime law to deport members of a Venezuelan gang he designated a terrorist group, deepening a judicial divide and prompting calls for swift Supreme Court intervention, The Hill reported.
Trump can use the Alien Enemies Act to deport members of the Venezuelan gang Tren de Aragua, a federal judge ruled Tuesday, breaking with several other courts that have blocked the administration's actions under the 18th century law.
U.S. District Judge Stephanie Haines, a Trump appointee in Pennsylvania, concluded that the president can remove individuals affiliated with foreign terrorist organizations under the AEA. However, she determined the administration must provide detained migrants with 21 days' notice in both English and Spanish before deportation can occur.
Haines wrote in her 43-page opinion that her "unflagging obligation is to apply the law as written."
"Having done its job, the Court now leaves it to the political branches of the government, and ultimately to the people who elect those individuals, to decide whether the laws and those executing them continue to reflect their will," she stated.
Trump's designation of Tren de Aragua as a foreign terrorist organization enables him to invoke the AEA, which dates back to 1798 and permits deportations during an "invasion" or "predatory incursion" by a foreign power. Though the law has previously been used only during wartime, Trump invoked it in March to expel more than 100 migrants, sending them to a prison facility in El Salvador.
The American Civil Liberties Union has filed multiple lawsuits challenging Trump's use of the AEA and is now urging the Supreme Court to resolve the matter nationwide.
Haines' ruling contrasts with decisions from other federal judges in Texas, New York, and Colorado. In one such ruling, U.S. District Judge Fernando Rodriguez Jr., a Trump appointee, concluded that Trump's use of the statute "exceeds the scope of the statute and, as a result, is unlawful."
While Haines refrained from weighing in on whether gang members specifically fall under the AEA's jurisdiction, she limited her ruling to Trump's authority to act against designated terrorist groups. Her decision lifts a temporary block she issued last month and allows the administration to proceed with deportations in the Western District of Pennsylvania, contingent on providing proper notice.
"The Court recognizes that it may need to conduct further analysis and consider additional issues related to the specifics of notice in the future," Haines wrote. "However, at this preliminary stage of this case, the Court finds that the foregoing is appropriate and complies with the law."
The split in decisions across jurisdictions has created an inconsistent legal landscape. Under prior district court rulings, the AEA cannot be used against migrants detained in parts of Texas, New York, and Colorado. However, on April 7, the Supreme Court held that AEA detainees must receive notice that they are "subject to removal under the [AEA]" before they are deported.
Jim Thomas ✉
Jim Thomas is a writer based in Indiana. He holds a bachelor's degree in Political Science, a law degree from U.I.C. Law School, and has practiced law for more than 20 years.
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