President Donald Trump secured a significant legal victory Tuesday as a federal judge ruled that his administration can proceed with deporting members of the Venezuelan Tren de Aragua gang under the Alien Enemies Act (AEA)—an aggressive legal tactic the White House has used to fast-track the removal of violent foreign nationals.

U.S. District Judge Stephanie Haines, a Trump appointee, issued a 43-page ruling supporting the administration’s unprecedented invocation of the AEA against a non-state actor, namely a gang designated by Trump as a Foreign Terrorist Organization. The ruling comes amid a wave of legal challenges filed by progressive groups, including the ACLU, who argue the AEA was intended solely for use against enemy nations during wartime—not criminal gangs.

In her decision, Haines upheld the administration’s power to classify such violent gangs as threats under the AEA but included a key procedural requirement: all deportation targets must receive at least 21 days’ notice, in both English and Spanish, before removal proceedings begin. She noted this was necessary to comply with due process protections confirmed by a recent Supreme Court ruling.

“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,” Judge Haines wrote.

This ruling sets the Trump administration apart from the Biden years, when members of the Tren de Aragua reportedly crossed the southern border with little resistance. The gang, known for trafficking, extortion, and murder across Latin America and into the U.S., became a key target of Trump’s renewed border crackdown.

The Department of Homeland Security has warned for months about the gang’s growing presence in U.S. cities, especially along the East Coast and in sanctuary jurisdictions. DHS says the Alien Enemies Act—first passed in 1798—is the only tool powerful enough to bypass bureaucratic delays and ensure quick removals of dangerous non-citizens tied to transnational criminal networks.

Not all Trump-appointed judges are on board. U.S. District Judge Fernando Rodriguez Jr., sitting in Texas, pushed back against the administration’s broader interpretation of the act, writing in a recent opinion that Trump’s presidential proclamation fails to meet the legal standard of an “invasion” by a foreign government. Rodriguez said the law “cannot be read as describing conduct that falls within the meaning of ‘invasion’” as historically intended.

Despite the split among judges, Haines’ ruling stands for now and gives the administration the green light to resume deportations—provided the proper notice is given.

Legal experts expect the fight to end up before the Supreme Court again, where justices previously ruled unanimously that deportations under the AEA must include some form of due process.

In response, the American Civil Liberties Union renewed its call for the high court to issue a definitive ruling on the use of the Alien Enemies Act against gang members, accusing the administration of stretching the law beyond its constitutional limits.

But the White House is undeterred. “This is war,” Trump said earlier this month, referencing his broader crackdown on foreign criminal elements and sanctuary jurisdictions. His use of the AEA, while controversial, is quickly becoming one of the central pillars of his second-term immigration agenda.

With more judges siding with the administration, the legal tide may be turning—and for thousands of illegal alien gang members in the U.S., the clock is now ticking.