Pennsylvania judge is first to rule Trump’s use of Alien Enemies Act is justified
President Trump’s push to remove people from the U.S. using the wartime Alien Enemies Act got a rare stamp of approval from a federal judge this week, as one of the more controversial parts of Mr. Trump’s immigration strategy faces a slew of court challenges.
U.S. District Judge Stephanie Haines of Pennsylvania, a Trump nominee, ruled Tuesday the president is legally allowed to use the 18th-century law to deport Venezuelan migrants accused of belonging to the gang Tren de Aragua. However, Haines also said the administration hasn’t given people facing Alien Enemies Act removal enough notice to bring court challenges.The ruling is fairly narrow: The case only applies to one person, a Venezuelan man who was arrested in central Pennsylvania and moved to Texas. But it further complicates a nationwide battle over the Alien Enemies Act, which Mr. Trump has used to rapidly expel hundreds of migrants and send them to a supermax prison in El Salvador.
What is the Alien Enemies Act?
The Alien Enemies Act of 1798 says the government can remove people during an invasion or a “predatory incursion” launched by a foreign nation. Prior to this year, the law had been invoked three times in history, during the War of 1812, World War I and World War II.
In all other cases, the law has been used for citizens of countries at war with the United States. But the Trump administration argued in a March proclamation that accused Tren de Aragua members count as “alien enemies,” claiming the gang — which Mr. Trump has deemed a foreign terrorist group — has extensive links to the Venezuelan government.
The use of the Alien Enemies Act has drawn controversy, with critics arguing the administration hasn’t given people an opportunity to challenge their cases in court. Many of the migrants who were sent to a Salvadoran prison don’t have clear criminal records, CBS News’ “60 Minutes” found last month. The Trump administration has stood by its use of the law, casting it as a necessary step to crack down on crime.