POLITICS_ Court backs Trump on Alien Enemies deportations but grants 21-day grace period before removals

THE WASHINGTON TIMES

Court backs Trump on Alien Enemies deportations but grants 21-day grace period before removals

Migrants who were deported from the U.S. to Mexico wave as they are transported to a shelter, as they cross El Chaparral pedestrian border bridge in Tijuana, Mexico, late Tuesday, Jan. 21, 2025. (AP Photo/Felix Marquez) more >

By Stephen Dinan - The Washington Times - Updated: 7:00 p.m. on Tuesday, May 13, 2025


A federal judge ruled Tuesday that President Trump was largely on solid legal footing in using the Alien Enemies Act to try to deport some unauthorized-immigrant gang members, though the court said the administration does need to give deportation targets better notice.

Judge Stephanie Haines, a Trump appointee to the court in Pennsylvania, said Homeland Security must give those it wants to deport under the 1798 law 21 days to challenge their deportations.

Her ruling breaks with other courts, which have said Mr. Trump’s proclamation invoking the Alien Enemies Act for use against Tren de Aragua was insufficient.

Judge Haines said Mr. Trump did make a valid case that TdA is being directed by an adversary nation — in this case Venezuela — and that it is engaged in a “predatory incursion.”

“This case implicates significant issues. In resolving those issues, this court’s unflagging obligation is to apply the law as written. When the court does so, it finds that the proclamation now at issue complies with the AEA,” she wrote, though with the admonition about better notice.

Mr. Trump is trying to use the AEA as a workaround to the regular immigration system. His team has argued that system is too slow to deal with booting out dangerous migrants such as members of TdA or MS-13, both of which have now been designated terrorist organizations.

Judges in a number of courts have issued blockades on Mr. Trump’s policy, questioning the legality of his proclamation.

But Judge Haines said the courts owe the Executive Branch “substantial deference” in matters of foreign affairs and national security. And under those guidelines, Mr. Trump has made a sufficient case that TdA is controlled by an adversary nation and is part of an incursion.

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READ MORE: https://www.washingtontimes.com/news/2025/may/13/court-backs-trump-alien-enemies-deportations-grants-21-day-grace/

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