Judge Approves Trump’s Use of Wartime Law for Deportations

WASHINGTON, 14 May 2025 (BSS/AFP) – A US federal judge has ruled that the Trump administration can use a rarely invoked wartime law to deport alleged Venezuelan gang members, in a significant legal victory for the former president.

District Judge Stephanie Haines, appointed by Trump, found on Tuesday that the government’s use of the 1798 Alien Enemies Act (AEA) to deport a suspected member of the Tren de Aragua gang was lawful, provided the authorities offer adequate notice to those being expelled.

The AEA, last used to detain Japanese-Americans during World War II, was revived by Trump in March, leading to the deportation of two planeloads of alleged Tren de Aragua members to a maximum-security prison in El Salvador. The gang, which has been designated a “foreign terrorist organisation” by the Trump administration, is accused of seeking to destabilise the United States through violent crime and drug trafficking.

However, the Supreme Court and several lower courts had previously blocked these deportations, citing concerns over the lack of due process. Haines’s ruling now paves the way for the deportations to resume, but with stricter procedural safeguards.

In her judgement, Haines wrote that the government must give individuals at least 21 days’ notice before deportation and ensure they have an opportunity to challenge their removal. She described members of the Tren de Aragua as “bent on destabilising the United States” and “flooding the country with illegal drugs,” presenting a significant threat to public safety.

The case centred on a Venezuelan man, identified only as ‘A.S.R.’, who had been detained under the AEA. Lawyers representing several of the deported Venezuelans have argued that many of their clients were wrongly labelled as gang members based on tattoos or unsubstantiated allegations and had committed no crimes.

The Trump administration has reportedly paid millions of dollars to El Salvador to imprison hundreds of deported migrants it claims are gang members, further fuelling the controversy over the programme.