In a significant legal development, a federal judge has upheld a government policy that allows immigration officials to deport certain individuals under a rarely used U.S. law dating back to the 18th century. The ruling involves the Alien Enemies Act, originally passed in 1798, which grants the federal government authority to take specific actions against nationals of foreign groups during times of conflict.
Judge Stephanie Haines of the U.S. District Court for the Western District of Pennsylvania ruled in favor of the Biden administration, which earlier this year identified Tren de Aragua, a Venezuelan-based criminal group, as a hostile foreign entity. The judge’s decision marks the first time the law has been applied to a non-state organization rather than a formal government.
According to the ruling, immigration officials may now begin proceedings for the removal of Venezuelan nationals who meet certain criteria: they must be 14 years or older, lack legal immigration status in the U.S., and be identified by law enforcement as having potential ties to the named group.
Supporters of the policy say it provides important legal tools to address serious public safety concerns. Officials point to law enforcement reports linking the group to a range of cross-border criminal activities. Homeland Security has emphasized that each case will undergo individual review, and that due process protections will be in place for those affected, including the opportunity to contest allegations.
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