The Alien Enemies Act is an 18th-century wartime law that allows the U.S. government to deport non-citizens from countries designated as enemies during times of conflict. The Trump administration has invoked this act to deport Venezuelans associated with the Tren de Aragua gang, labeling the gang as a foreign terrorist organization and claiming special executive authority for expedited deportations.

Judge Stephanie Haines upheld the use of the Alien Enemies Act because she respected the president's authority over national security matters and accepted the designation of Tren de Aragua as a terrorist organization. She supported the view that the gang is determined to destabilize the U.S. and overwhelm it with illegal drugs, which are framed as weapons against American citizens. However, she mandated a minimum 21 days' notice before deportation to allow for legal challenges and due process.

Federal courts are split on the issue. While U.S. District Judge Stephanie Haines upheld the Trump administration's use of the Alien Enemies Act for deportations with notice requirements, other judges, such as a federal judge in Texas and a Colorado judge, have blocked the use of the act to deport Venezuelans, citing limits on executive power and concerns about due process. This division may lead to higher court or Supreme Court intervention.

Judge Haines ruled that deportees must be given a minimum of 21 days' notice prior to removal, which is a significant increase from previous cases where notice was provided within hours. This longer notification period is intended to ensure the deportees have sufficient time to mount legal challenges related to due process and habeas corpus.

The Trump administration has designated the Venezuelan gang Tren de Aragua as a foreign terrorist organization and characterized it as a group determined to destabilize the United States by overwhelming it with illegal drugs used as weapons against American citizens. The administration claims special powers under the Alien Enemies Act to deport members of this gang without the usual court proceedings.