Federal Judge Says Trump’s Invocation of Alien Enemies Act Was Legal

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 ruled 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 issued 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, finding that a proclamation Trump issued in March misapplied the law. 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 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 reads.

In a federal court in New York City, U.S. District Judge Alvin Hellerstein disagreed. On May 6, he found 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 in related cases, but 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.

By Sam Dorman

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Beijing and Moscow Double Down on Propping Up Tehran, Threaten to Give It Nukes

As anyone who understands how these things unfold could...

The Looming Threat To Our Homeland

After success of “Operation Midnight Hammer,” where U.S. military bombed Iranian nuclear facilities, the threat to America has never been greater.

Trump’s Bold Strike on Iran: A Necessary Move for Global Security 

Trump’s airstrikes on Iran’s nuclear facilities have been hailed as a courageous and necessary action to safeguard American interests and global stability.

Groundhog Day came late this year to the Land of Smiles.

it’s the same rigmarole, on whatever pretext, the army commandeers the Thai state with vague promises to restore democracy at some unspecified future date.

Resource number one

Russia has an unsustainable birthrate worsened by mortality rate of Russian males through war and alcoholism. One solution, steal young children from other countries. 

Zohran Mamdani Claims Victory in NYC’s Mayoral Democratic Primary, Cuomo Concedes

Zohran Mamdani, a 33-year-old NY state assemblyman, claimed victory in first round of the Democratic primary contest for mayor of NYC in the 2025 election.

CDC Says No Link Between Vaccine Preservative and Autism as Advisers Prepare to Meet

Research identifying an increased risk of autism with thimerosal-containing vaccines ‘have significant methodological limitations,’ agency said.

Boeing, FAA Share Blame for Door Panel Flying Off During Alaska Airlines Flight: NTSB

The sudden midair door panel blowout on Alaska Airlines flight last year stemmed from failures by Boeing, its supplier Spirit AeroSystems, and the FAA.

RFK Jr. Says Pregnant Women Can Get COVID-19 Vaccine If They Choose To

Pregnant women can get COVID-19 vaccines, even after CDC stopped recommending shots during pregnancy, Sec. RFK, Jr. told members of Congress.

Trump Arrives in Netherlands for NATO Summit, With Defense Spending High on Agenda

President Donald Trump arrived in Amsterdam on Tuesday to attend the NATO summit, which is being held in The Hague from June 24 to 25.

Major Victory for Trump Administration and the American People on Deporting Criminal Illegal Aliens to Third Countries

Supreme Court decision allows DHS to deport criminal illegal aliens who are not wanted in their home country to third countries who've agreed to accept them.

No Changes Planned for FDA’s Vaccine Advisory Committee ‘At This Time’: Spokesperson

There are no plans to remove any members of the panel that advises the FDA on vaccines, a spokesperson said on June 20.

Trump Says Trade Deals Expected With India and Pakistan

President Trump expects US will sign trade deals with India and Pakistan, signaling growing momentum in push to reshape global trade through tariff diplomacy.
spot_img

Related Articles