Judge upholds use of the 1798 Alien Enemies Act to remove foreign gang members

By 
 May 14, 2025

In March, President Donald Trump signed a proclamation which designated the Venezuelan gang Tren de Aragua (TdA) as a foreign terrorist organization and invoked the 1798 Alien Enemies Act (AEA) against its members.

While that move brought controversy from many on the left, a federal judge just ruled that Trump's actions were justified. 

TdA activities amount to a "predatory incursion"

According to Breitbart, that decision came down on Tuesday from U.S. District Judge Stephanie Haines, who Trump appointed during his first term.

In a 43-page ruling, Haines found that TdA's activities met the threshold to be considered a "predatory incursion" for purposes of the AEA.

Specifically, she defined "predator incursion" as "a hostile entry into the United States by a cohesive group of individuals, such as a military detachment or a designated Foreign Terrorist Organization [FTO], who are united by a common goal of causing significant disruption to the public safety — whether that be the safety of persons, property, or pecuniary interests — of those within the United States."

"The Court finds that that definition is faithful to the meaning of ‘predatory incursions’ in 1798, but it also accounts for new applications given ‘changes in the world," the judge added.

Judge finds "factual basis" for Trump's conclusions

Haines further stated that "there is a factual basis for President Trump's conclusions" in his March proclamation concerning TdA.

Specifically, she noted how "the Secretary of State has designated TdA as an FTO pursuant to Title 8, United States Code, Section 1189, a designation that heavily supports the conclusions within the Proclamation that TdA is a cohesive group united by a common goal of causing significant disruption to the public safety of the United States."

However, Haines stressed that the government must "provide to detainees who are subject to the AEA and the Proclamation" with 21 days notice along with an "opportunity to be heard."

This notice must "clearly" communicate "that the individual detainee is subject to removal under the Proclamation and the AEA."

Other judges have blocked us of the AEA

Haines further stated that such information is to be conveyed in "the language of those sought to be expelled, and if needed, Spanish-to-English interpreters shall be provided for any necessary hearings."

Breitbart recalled how previously blocked the Trump administration from deporting suspected gang members under the AEA.

One such block was imposed by U.S. District Judge James Boasberg, although it was subsequently lifted by the Supreme Court.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson