On Tuesday afternoon, U.S. District Judge Stephanie Haines ruled that President Trump’s invocation of the Alien Enemies Act to deport alleged illegal immigrant gang members complies with the law.
Haines, a Trump appointee with a background as a prosecutor in Pennsylvania, ruled that Trump’s use of the Alien Enemies Act (AEA) of 1798 to deport Tren de Aragua (TdA) gang members is legally valid, citing TdA’s actions as a “predatory incursion” under the law.
As The Hill reports:
Haines, a Trump appointee, emphasized 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,” Haines wrote in her 43-page ruling.
The new split comes as the American Civil Liberties Union (ACLU), which has filed a wave of lawsuits across the country challenging Trump’s use of the AEA, calls on the Supreme Court to immediately take up the issue and swiftly provide a nationwide resolution.
“The Alien Enemies Act — historically invoked during wartime, including World War II — empowers the president to detain or deport nationals of enemy nations. Trump’s application of the law targets TdA, a Venezuelan transnational gang designated as a Foreign Terrorist Organization during his second administration, despite ongoing legal debate over whether gang activity constitutes an “invasion” or “incursion.”
Tuesday’s ruling contrasts with other federal judges’ decisions, such as Judge Fernando Rodriguez’s May 1, 2025, injunction against the AEA’s use, highlighting a judicial split that may lead to a Supreme Court challenge.
