Judge upholds Trump’s authority to deport criminal migrants under Alien Enemies Act
Federal court allows use of Alien Enemies Act but mandates due process protections for criminal illegal immigrants
By Louis Casiano , Bill Mears Fox News
Published May 13, 2025 7:25pm EDT
A federal judge on Tuesday said the Trump administration can invoke the Alien Enemies Act (AEA) to deport criminal illegal immigrant members of the Venezuelan Tren De Aragua gang, but that it has not given adequate prior notice to those subject to removal, before those deportations can take place, which would allow possible due process and habeas legal challenges.
The 43-page ruling by U.S. District Judge Stephanie Haines, a Trump appointee, conflicts with other rulings challenging the administration’s deportation efforts.
“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.
Fox News Digital has reached out to the White House.
Trump issued an executive order on March 14, “Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren De Aragua.”
Tuesday’s ruling was confined to Venezuelan aliens who are not naturalized or lawful permanent residents, 14 years or older, and have been specifically designated as part of a Foreign Terrorist Organization, specifically Tren de Aragua.