Federal Judge Rules Trump Admin Must Give 21 Days’ Notice for Alien Enemies Act Deportations

A federal judge in Pennsylvania has taken the ground of law with a historical note that despite the action taken against the historic Alien Enemies Act by the Trump administration, still some migrants can be deported. At that, migrants who manage a foreign country are to be sent abroad, and need not only to be notified at least 21 days before but also be given a fair chance to challenge the fact of their removal.

The legal opinion coming from U.S. District Judge Stephanie Haines is the subject matter hot news on the problem of a person from Venezuela who is marked as A.S.R. She was not sure about A.S.R. ‘s relation to Tren de Aragua-a choice of Venezuelan thugs labeled by Trump as a terrorist organization, but she insisted that all people who are being thrown out under this provision should be treated with due process.

For the first time now, the interpretation of the Alien Enemies Act of 1798 by the Trump administration is supported by a judge, and this is the significance of the said case. A law is usually forgotten for shifts that have occurred in society, but by using it today, a government should be ready for the society’s and its citizens’ disapproval as it is controversial and thus, everyone’s eyes are on it.

While the courts in New York, Colorado, Texas, among others, have disagreed that the same act can be used to deport Venezuelan nationals, Judge Haines’ ruling is on the contrary, but with some reservations. Inter alia, her decision gives notice of deportation to a person in two languages, namely, English and Spanish and also it provides interpreters if necessary for understanding of their rights and their legal situation that is compulsory.

The case is a fraction of former President Trump’s more general tough-on-immigration policy, particularly concerning people who have been charged with being members of a gang. In a remarkable deal between the U.S. and El Salvador, various Venezuelan gang members have been reportedly deported to detention centers in that country, which the U.S. government had supported the initiative financially with $6 million.

This particular decision is in line with the administration’s power to act upon the Alien Enemies Act, but it also has another important function: it clearly states that the due process is not an exception. The accused should be provided with adequate time and means of defense, not the least of which is particularly important when the deportation process is based on a nearly forgotten 18th century legislation.