A United States federal judge has ruled in favour of President Donald Trump administration’s controversial use of an obscure 18th-century wartime law to deport an alleged member of Venezuela’s Tren de Aragua gang, marking the latest development in ongoing legal battles over the legality of such removals.
District Judge Stephanie Haines, appointed by former President Donald Trump, issued her decision on Tuesday, declaring that the case involving a Venezuelan man identified only as ‘A.S.R.’ falls within the bounds of the 1798 Alien Enemies Act.
However, she also emphasized the importance of procedural fairness, stating that immigration authorities must “provide greater notice to those subject to removal.”
Trump had reactivated the rarely used AEA, last enforced during the internment of Japanese-Americans in World War II, earlier in March. Under the directive, two flights carrying alleged members of the Tren de Aragua gang were sent to a maximum-security facility in El Salvador.
While the Trump administration has designated Tren de Aragua as a “foreign terrorist organization” and accused it of seeking to “destabilize the United States” and “flooding” the country with illegal narcotics, the mass deportations have drawn legal challenges.
The U.S. Supreme Court, along with various lower courts, temporarily blocked removals under the AEA, citing due process concerns.
Legal representatives for some deported Venezuelans argue that their clients are innocent of criminal activity and were unfairly profiled, often due to visible tattoos, rather than any substantive gang affiliations.
In what’s being seen as a judicial victory for Trump, Judge Haines concluded that the government may proceed with deporting suspected TdA members who are unlawfully present in the U.S., “so long as the government provides sufficient notice and due process.”
She ruled that such individuals must be given at least 21 days’ advance notice before removal.
According to the Washington Post, Haines’s ruling could pave the way for additional deportations within her jurisdiction in Pennsylvania.
The Trump administration has reportedly funneled millions of dollars to El Salvador to incarcerate hundreds of deported Venezuelans it classifies as gang members and criminals.