A federal judge has permitted the Trump administration to use the Alien Enemies Act to remove illegal immigrants involved in gangs.
US District Court Judge Stephanie Haines wrote in the decision that there is “factual basis for President Trump’s conclusions in the Proclamation.”
“Most of all, the Proclamation references the fact that 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.”
“Therefore, for all of the foregoing reasons, the Court finds that the Proclamation meets the definition of ‘predatory incursion’ under the AEA, and the Court finds that ASR has not shown a likelihood of success on the merits on the issue,” Haines wrote, adding, “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,” she concluded.
Earlier this month, a judge ruled that the Alien Enemies Act does not allow President Trump to deport Venezuelan gang members.
According to U.S. District Judge Fernando Rodriguez, the invocation of the wartime act is “unlawful.”
“[T]he Court concludes that the President’s invocation of the AEA through the Proclamation exceeds the scope of the statute and, as a result, is unlawful,” the order says. “Respondents do not possess the lawful authority under the AEA, and based on the Proclamation, to detain Venezuelan aliens, transfer them within the United States, or remove them from the country.”
President Trump invoked the Alien Enemies Act in March, declaring that all such members of TdA are, by virtue of their membership in that organization, chargeable with actual hostility against the United States and are therefore ineligible for the benefits of 50 U.S.C. 22.
