A federal judge has upheld the Biden administration’s use of the rarely invoked Alien Enemies Act (AEA) to deport Venezuelan nationals allegedly tied to Tren de Aragua, a violent transnational criminal organization. In a significant ruling, Judge Stephanie Haines affirmed that President Biden’s March order—designating the gang as a hostile foreign entity—falls within the expansive powers granted by the AEA, originally enacted in 1798. This marks the first known modern application of the law against a non-state group, pushing the boundaries of its traditional wartime use.
Under the ruling, immigration authorities are authorized to deport Venezuelan citizens aged 14 or older, who lack legal status and are identified by law enforcement as having ties to the gang. Supporters of the decision argue that it equips the government with a critical tool to address cross-border crime and national security threats, especially in the face of violent criminal networks operating across Latin America and the U.S.
However, critics—including legal scholars, immigration advocates, and human rights organizations—have raised alarms over the ruling’s implications. They argue it sets a troubling precedent by expanding the executive branch’s power to label and expel individuals based on broad affiliations, outside the context of war with a foreign nation. Concerns also center on the risk of wrongful deportations, potential due process violations, and the use of a centuries-old law in a contemporary, non-military context.
The government has stated that affected individuals will receive fair hearings and legal protections, but further legal challenges are already underway, with experts predicting the case could reach the Supreme Court. As the legal battle unfolds, the case highlights a rapidly evolving intersection of immigration enforcement, national security policy, and the limits of presidential authority in the 21st century.
