Targeting Transnational Crime

Federal Judge Upholds Wartime Law to Deport Venezuelan Nationals Linked to Organized Crime

In a landmark decision with sweeping implications for immigration and national security, a federal judge has upheld the government’s use of a rarely-invoked wartime law to deport select Venezuelan nationals suspected of ties to transnational organized crime.

The ruling, issued by the U.S. District Court for the Western District of Pennsylvania, marks a pivotal shift in how U.S. authorities may confront individuals linked to foreign criminal networks. It follows months of intense legal scrutiny and public debate over the balance between national security and due process.

At the center of the case is a controversial executive order signed earlier this year, officially designating a violent Venezuelan gang as a hostile foreign organization. Government officials argued that the group’s reach and criminal activity pose a direct threat to U.S. national security — comparable to a foreign incursion — and that such conditions warrant extraordinary action under the Alien Enemies Act (AEA), a statute originating from the 18th century.

The decision could open the door to broader use of the AEA in modern contexts, signaling a new era in U.S. policy toward individuals affiliated with transnational criminal organizations.