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Judge Hands Trump Major Victory

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Judge Hands Trump Partial Victory in Illegal Gang Member Deportation Battle

A federal judge ruled Tuesday that the Trump administration can utilize the Alien Enemies Act to deport Venezuelan criminal gang members who entered the country illegally, though certain procedural requirements must first be met. 

The decision marks a significant development in the ongoing battle to secure America’s borders against criminal elements exploiting immigration loopholes.

U.S. District Judge Stephanie Haines, who was appointed by Trump, determined that the administration has the authority to invoke the Alien Enemies Act specifically against members of the Venezuelan Tren De Aragua gang. 

This ruling provides critical legal support for one aspect of the administration’s aggressive approach to combating violent transnational gangs operating on American soil.

The judge’s comprehensive 43-page ruling stipulated that adequate prior notice must be provided to those subject to removal before deportations can proceed, allowing for possible due process and habeas legal challenges. 

Judge Haines made clear her position on the judiciary’s role in her decision, writing: “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.” 

White House officials have repeatedly cited the threat posed by transnational gangs like Tren De Aragua to American communities and law enforcement.

This decision follows President Trump’s executive order issued on March 14, titled “Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua.” 

The ruling specifically applies to Venezuelan aliens who are not naturalized or lawful permanent residents, are 14 years of age or older, and have been specifically designated as members of Tren de Aragua, which has been classified as a Foreign Terrorist Organization. 

Law enforcement agencies have documented the gang’s involvement in numerous violent crimes, drug trafficking operations and human smuggling activities across multiple states.

Judge Haines’ decision stands in contrast to another recent ruling on the matter, creating conflicting judicial perspectives on the administration’s deportation strategy. 

Fox News highlighted that earlier this month, U.S. District Court Judge Fernando Rodriguez Jr., also a Trump appointee, reached a different conclusion in a separate case addressing the same issue. 

Judge Rodriguez determined he would not prevent the administration from deporting individuals in the U.S. illegally but explicitly ruled that the Alien Enemies Act could not serve as a legal basis for expelling alleged gang members. 

His interpretation focused heavily on the historical context and original intent of the legislation, which dates back to the early days of the republic.

Judge Rodriguez framed the central question in his order: “Whether the President can utilize a specific statute, the AEA, to detain and remove Venezuelan aliens who are members of [Tren de Aragua].” 

Rodriguez concluded that “the historical record renders clear that the president’s invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute’s terms.” 

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