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A federal judge ruled Tuesday that President Trump was largely on solid legal footing in using the Alien Enemies Act to try to deport some illegal-immigrant gang members, though the court said the administration does need to give deportation targets better notice ahead of time.
Judge Stephanie Haines, a Trump appointee to the court in Pennsylvania, said Homeland Security must give those it wants to deport under the 1798 law 21 days to challenge their deportations.
Her ruling breaks with other courts, which have said Mr. Trump’s proclamation invoking the Alien Enemies Act for use against Tren de Aragua was insufficient.
Judge Haines said Mr. Trump did make a valid case that TdA is being directed by an adversary nation — in this case Venezuela — and that it is engaged in a “predatory incursion.”
“This case implicates significant issues. In resolving those issues, this court’s unflagging obligation is to apply the law as written. When the court does so, it finds that the proclamation now at issue complies with the AEA,” she wrote, though with the admonition about better notice.
Mr. Trump is trying to use the AEA as a workaround to the regular immigration system. His team has argued that system is too slow to deal with booting out dangerous migrants such as members of TdA or MS-13, both of which have now been designated terrorist organizations.
Judges in a number of courts have issued blockades on Mr. Trump’s policy, questioning the legality of his proclamation.
But Judge Haines said the courts owe the Executive Branch “substantial deference” in matters of foreign affairs and national security. And under those guidelines, Mr. Trump has made a sufficient case that TdA is controlled by an adversary nation and is part of an incursion.
That differs from the ruling of a Texas judge, who concluded TdA is not part of an invasion or incursion.
Judge Haines said the very nature of a foreign terrorist organization suggests an incursion.
“When this court applies the definition to the proclamation and its finding that TdA is committing a ‘predatory incursion,’ the court holds that the proclamation complies with the AEA,” she wrote.
The 21-day notice, though, is a major blow to the administration, which had in other courts suggested as little as 12 hours might be sufficient.
Judge Haines, citing a Supreme Court ruling earlier this year, said the Constitution requires migrants a chance to challenge in court their possible deportation under the Alien Enemies Act.
The justices said anyone facing deportation under the AEA must have a “reasonable” time to mount that challenge.
Judge Haines said that was informed by her experience with deportations carried out by U.S. Immigration and Customs Enforcement, and by her worry that mistakes might be made.
“The court is concerned that, if it does not provide sufficient notice and opportunity to be heard, individuals who are not in fact subject to the AEA and the proclamation may be errantly removed from this country,” she wrote.
That’s exactly what immigration rights advocates say happened with some of the roughly 200 Venezuelans who were deported to El Salvador in mid-March under the first flights to take off under the AEA.
English (US) ·