CJ court watch - the Alien Enemies Act case
J. Stephanie Haynes has ruled that the Alien Enemies Act, 50 U.S.C. § 21, applies to Tre de Aragua. The case is A.S.R. v. Trump, 25-cv-113 (W.D. Penn. May 23, 2025). A.S.R. is allegedly a member of TdA. The only issue on which the he won was whether he received adequate notice before he could be deported. The only order the Court entered that limits the government is to notify A.S.R. 21 days before deporting him. The Court denied his Motion in all other respects.
The court held
So, then, to recap: (1) the word "military" is not found in the AEA, (2) "terrorist" and "terrorism" were not in significant use at the time that Congress passed the AEA, (3) the words "predatory" and "incursion" both have similar dictionary definitions today as they did in and around 1798, and (4) terrorist organizations are frequently referred to today as committing "incursions" that are certainly "predatory", that is, terrorist organizations are referred to in ways that speak of cohesive groups entering territory for common and a significant destructive purpose(s) .*** In sum, the Court finds that Respondents must provide to individual detainees who are subject to the AEA and the Proclamation the following notice before removing them pursuant to those provisions of law: (1) twenty-one (21) days' notice and an "opportunity to be heard," (2) notice that clearly articulates the fact that the individual detainee is subject to removal under the Proclamation and the AEA, and (3) notice in English and Spanish, the language of those sought to be expelled, and if needed, Spanish-to-English interpreters shall be provided for any necessary hearings. In the case of A.S.R., if Respondents again designate him as subject to the AEA and the Proclamation, they must provide all of the foregoing notice to his counsel at that time.*** In light of all of the foregoing, the Court notes that the only issue the Court has considered upon which AS.R. has shown a likelihood of success on the merits is notice under the ABA Accordingly, the Court denies A.S.R.'s Motion for a Preliminary Injunction with respect to all issues that the Court has considered thus far, with the lone exception of the issue of notice.
