Overview

• Judge Stephanie L. Haines ruled that the 1798 Alien Enemies Act can be applied to deport alleged Venezuelan gang members in Western Pennsylvania, marking the first judicial approval of its use under President Trump.
• Her decision requires that detainees receive 21 days’ notice and the right to appeal, addressing constitutional concerns about due process.
• Judge Haines defined 'predatory incursion' as a hostile entry by a cohesive group causing significant public disruption, allowing the Act's invocation without a foreign invasion or declared war.
• The ruling contrasts with decisions by four other federal judges who blocked the law's use, citing insufficient grounds for defining the gang's activities as an invasion or incursion.
• Deportations under the Act remain on hold in her district pending notice and appeals, while broader legal challenges are expected to continue in higher courts.