A federal district court judge in Pennsylvania ruled Tuesday that the Trump administration acted within its legal authority when it ordered the removal of certain Venezuelan nationals affiliated with the Tren de Aragua (TdA) gang under the Alien Enemies Act (AEA).

Judge Stephanie Haines of the U.S. District Court for the Western District of Pennsylvania upheld President Donald Trump’s March 15 proclamation, which declared TdA a foreign terrorist organization and authorized the removal of non-citizen Venezuelans aged 14 and older who are members of the group and are not lawful permanent residents or naturalized U.S. citizens.

The ruling comes in the case styled J.G.G. v. Trump, one of several challenges to the administration’s directive.

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Judge Haines, appointed by President Trump, concluded that the President has authority under the AEA to issue such a proclamation, provided that adequate notice and due process protections are observed.

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

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“The question that this Court is answering, is this – so long as the Government provides sufficient notice and due process, may the President issue a Proclamation, pursuant to the AEA directing the removal of: (1) Venezuelan citizens, (2) who are fourteen (14) years of age or older, (3) who are within the United States, (4) who are neither actually naturalized nor lawful permanent residents, and (5) who are members of Tren de Aragua (‘TdA’), which is a Foreign Terrorist Organization (‘FTO’)?” Judge Haines wrote.

“After extensive consideration, and for the following reasons, the Court answers that question in the affirmative.”

President Trump’s proclamation followed intelligence assessments that identified TdA as a threat to national security.

The organization, which originated in Venezuelan prisons, has been linked to drug trafficking, extortion, human smuggling, and violent crimes across multiple countries in the Americas.

Trump’s order categorized TdA as perpetrating “an invasion or predatory incursion” into U.S. territory.

While affirming the administration’s legal basis for the removals, Judge Haines also determined that the federal government must improve its due process protocols.

Specifically, she ruled that individuals subject to removal must receive:

• Twenty-one days’ notice and an opportunity to be heard,
• Clear notice that they are being removed under the Proclamation and the AEA, and
• Notification in both English and Spanish, with interpreters provided where necessary.

In addition, Haines decertified the class she had previously certified in April, reverting the matter to individual review rather than a class-wide challenge.

This ruling diverges from decisions issued by other federal judges in similar cases. In early May, Judge Fernando Rodriguez Jr. of the Southern District of Texas ruled in J.A.V. v. Trump that the administration lacked authority under the AEA to detain and deport Venezuelan nationals under the March proclamation.

Federal judges in New York and Colorado have issued comparable opinions.

The administration’s enforcement efforts had previously faced legal resistance, notably from Judge James Boasberg in the District of Columbia.

Boasberg issued temporary restraining orders in an attempt to block deportation flights of suspected TdA members, but the U.S. Supreme Court later ruled that Boasberg lacked jurisdiction, effectively nullifying his orders.

Judge Haines’ decision marks a legal victory for the Trump administration, though the Department of Justice may challenge the 21-day notice requirement imposed by the court.

Still, the ruling affirms the executive branch’s authority under the Alien Enemies Act — a statute dating back to 1798 — to target foreign nationals considered threats to U.S. national security during periods of declared hostility.

In her written opinion, Judge Haines emphasized the separation of powers in her conclusion: “Having done its job, the Court now leaves it to the Political Branches of the government, and ultimately to the people who elect those officials, to decide whether the laws and those executing them continue to reflect their will.”

The administration’s removal policy remains under review in multiple jurisdictions, and additional rulings are expected in the coming weeks.

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