The judge holds that Tren de Aragua gang was engaging in the type of ‘predatory incursion’ that the Alien Enemies Act mentions.
A federal judge in Pennsylvania has said that President Donald Trump validly invoked the Alien Enemies Act in March as part of an effort to deport Venezuelan gang members.
More specifically, U.S. District Judge Stephanie Haines
held that the gang—Tren de Aragua (TdA)—was engaging in the type of “predatory incursion” that the Alien Enemies Act mentions.
In an opinion on May 13, Haines noted that TdA has been designated a foreign terrorist organization. That designation, she said, “heavily supports the conclusions ... that TdA is a cohesive group united by a common goal of causing significant disruption to the public safety of the United States.”
Three other district court judges have
ruled against the Trump administration, stating that Trump misapplied the law with a proclamation he issued in March. Each of those judges disagreed with Trump’s description of TdA as engaging in an invasion or predatory incursion.
Trump invoked the law in March, stating that the TdA gang members had infiltrated the Venezuelan regime and invaded the United States, justifying their expedited removal.
“Evidence irrefutably demonstrates that TdA has invaded the United States and continues to invade, attempt to invade, and threaten to invade the country; perpetrated irregular warfare within the country; and used drug trafficking as a weapon against our citizens,” Trump’s
March 15 proclamation read.
In New York, U.S. District Judge Alvin Hellerstein disagreed. Earlier this month, he
said that TdA members “do not seek to occupy territory, to oust American jurisdiction from any territory, or to ravage territory.”
In April, the Supreme Court intervened twice without ruling on whether the administration had properly invoked the Alien Enemies Act.
Instead, it halted some deportations in a brief order on April 19, and told the administration on April 7 that it must provide suspected gang members with notice that they are subject to removal, as well as an opportunity to challenge their detention. It specified that “the notice must be afforded within a reasonable time and in such a manner as will allow them to actually seek habeas relief,” which is a legal avenue for challenging one’s detention.
Haines also issued an
order on May 13 that stated the administration had provided insufficient notice to detainees. She said that the administration couldn’t remove a Venezuelan national who had brought the lawsuit in Pennsylvania unless it provided 21 days’ notice, among other things. Her order also required the notice to be provided in English and Spanish.
