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A federal judge ruled Tuesday that President Trump can invoke the 18th-century Alien Enemies Act (AEA) to deport Tren de Aragua members.
U.S. District Judge Stephanie Haines issued the first ruling allowing the Trump administration to invoke the wartime power, contrasting rulings by other federal judges.
🚨 #BREAKING: A federal judge has just ruled President Trump’s use of the Alien Enemies Act to deport Tren de Aragua gang members is LEGAL
RAMP UP THE DEPORTATION FLIGHTS! 🔥
Trump’s proclamation and documents “support the finding that TdA is committing a ‘predatory incursion’… pic.twitter.com/jYYjWWD880
— Nick Sortor (@nicksortor) May 13, 2025
The Hill reports:
She says Trump is within his rights to deport members of a foreign terrorist organization — a designation he has made for Tren de Aragua.
Haines, a Trump appointee, emphasized her “unflagging obligation is to apply the law as written.”
“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 in her 43-page ruling.
The new split comes as the American Civil Liberties Union, which has filed a wave of lawsuits across the country challenging Trump’s use of the AEA, calls on the Supreme Court to immediately take up the issue and swiftly provide a nationwide resolution.
🚨 BREAKING – VICTORY: FIRST federal judge rules that Trump’s use of the Alien Enemies Act to deport Venezuelan criminal Tren de Aragua members is LEGAL.
U.S. District Judge Stephanie Haines made this decision. She is a TRUMP-appointed judge. pic.twitter.com/5sBMuRzM8W
— Eric Daugherty (@EricLDaugh) May 13, 2025
🚨Breaking: Federal Judge Stephanie Haines has just ruled President Trump’s use of the Alien Enemies Act to deport Tren de Aragua gang members is LEGAL. pic.twitter.com/dxWA7eU3S7
— Real Mac Report (@RealMacReport) May 13, 2025
The ruling follows a Texas judge “denying several immigrant detainees the ability to litigate their claims as a class, or collectively,” Law & Crime noted.
Big win for President Trump: Judge Wes Hendrix, nominated by both Presidents Obama and Trump, issues a thorough opinion denying class certification for some of the plaintiffs trying to avoid Alien Enemies Act removal. This should help the Supreme Court when the case returns pic.twitter.com/ZD8og0tk0S
— Eric W. (@EWess92) May 10, 2025
Per Law & Crime:
In a 48-page order, U.S. District Judge James Hendrix, who was appointed by President Donald Trump during his first term, found the three petitioners were simply too “distinct” and “diverse” — in terms of facts, claims, and potential remedies — to make up a coherent class.
The underlying litigation is one of many AEA cases directly tracing its lineage to the U.S. Supreme Court’s blockbuster April 7 ruling, which dissolved a nationwide injunction barring summary deportations under the auspices of the obscure 18th-century wartime law. Simultaneously, the nine justices agreed the government could not use the AEA without due process and prescribed the use of habeas corpus petitions.
Hendrix, in his order, is ever mindful of the Supreme Court’s guidance. The judge goes so far as to stay the effect of his ruling until the detainees have the opportunity to seek and receive — or be denied — consideration at the highest level.
While not necessarily a setback for the detained immigrants who are currently parties to the litigation, the district court’s order frustrates the American Civil Liberties Union’s efforts to litigate on behalf of any other potential detainees “who were, are, or will be” under the AEA deportation dragnet in the sprawling Northern District of Texas.
For now, however, the court agreed with a government filing arguing the petitioners lack “commonality and typicality” required under the relevant rule of civil procedure that governs class certification.
Read the 43-page ruling from U.S. District Judge Stephanie Haines HERE.