A federal judge has upheld the U.S. government’s use of the rarely applied Alien Enemies Act (AEA) to deport Venezuelan nationals with alleged ties to Tren de Aragua, a violent transnational gang.
Judge Stephanie Haines ruled that President Biden’s March order—designating the gang as a hostile foreign organization—falls within the AEA’s broad wartime powers.
This marks the first modern use of the 1798 law against a non-state criminal group. The decision allows immigration authorities to deport Venezuelan citizens aged 14 or older, without legal status, who law enforcement identifies as linked to the gang.
Supporters argue the ruling gives the government a powerful tool to combat cross-border crime. Critics, including legal scholars and human rights advocates, warn it sets a dangerous precedent, risks wrongful deportations, and expands executive authority beyond traditional wartime contexts.
While the government promises due process for affected individuals, further legal challenges are expected, possibly reaching the Supreme Court. The case highlights a new legal frontier at the intersection of immigration, national security, and executive power