A federal judge ruled that the Trump administration can utilize the Alien Enemies Act (AEA) to deport members of the Venezuelan gang Tren De Aragua. However, the judge emphasized that the administration has not provided adequate notice to those facing removal, hence infringing on due process rights. The ruling conflicts with other judicial opinions on deportation powers. U.S. District Judge Stephanie Haines highlighted the role of the political branches in shaping and executing laws, while Judge Fernando Rodriguez Jr. questioned the president's authority under the AEA, citing its potential overreach.
"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.
"The question that this lawsuit presents is whether the President can utilize a specific statute, the AEA, to detain and remove Venezuelan aliens who are members of [Tren de Aragua]," U.S. District Court Judge Fernando Rodriguez Jr. wrote in his order.
"The historical record renders clear that the president's invocation of the AEA through the Proclamation exceeds the scope of the statute and is contrary to the plain, ordinary meaning of the statute's terms."
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