A federal judge in Pennsylvania, appointed by Donald Trump, is the first on the bench to decide that the president acted within his authority by using the Alien Enemies Act to expedite the deportation of Venezuelan men accused of affiliating with the Tren de Aragua (TdA) gang.

U.S. District Judge Stephanie L. Haines, appointed during Trump’s initial term, released a 43-page opinion on Tuesday. She concluded that the president could invoke an 18th-century wartime power to expedite the deportation of alleged TdA members, provided that the detainees receive “sufficient notice and due process” as recently mandated by the U.S. Supreme Court.

Haines’ decision contrasts with the rulings of several other judges, who have evaluated the president’s proclamation on its merits. Among them is U.S. District Judge Fernando Rodriguez Jr. of Texas, also appointed by Trump, who determined that the administration did not fulfill the requirements established by the AEA. This act has only been enacted three times during actual wartime scenarios.

Under the AEA, the president is authorized to summarily remove “natives, citizens, denizens, or subjects” of a “hostile nation or government” when there is “declared war” against it or when it has “perpetrated, attempted, or threatened against the territory of the United States” an “invasion or predatory incursion.” In a controversial and novel use of the power, Trump declared that the Venezuelan gang Tren de Aragua (TdA) had engaged in an “invasion” or “predatory incursion” of the U.S. such that any member of the group was summarily removable under the Act.

Judges have repeatedly thwarted removals under the AEA since the first planes on March 15 flew migrants to a notorious terrorist prison in El Salvador — likely in violation of a federal judge’s order to have the detainees returned to the country. Notably, the administration has admitted to “wrongfully” removing several individuals under the statute, though officials have made almost no effort to abide by court orders, including the Supreme Court, demanding the government “facilitate” their return.

Judges who addressed the question prior to Haines ultimately reasoned that TdA was not a “government” or “foreign nation” and could not be said to have engaged in an “invasion” or “predatory incursion,” both of which are likely reserved for some form of military action.

Love true crime? Sign up for our newsletter, The Law&Crime Docket, to get the latest real-life crime stories delivered right to your inbox.

Haines, whose Tuesday order lifts a temporary restraining order she issued last month barring the federal government from removing migrants held in the Western District of Pennsylvania out of the country under the AEA, disagreed with her colleagues’ interpretations of the statute and its requirements.

In her opinion, Haines relies heavily on the fact that Secretary of State Marco Rubio in February deemed TdA a “foreign terrorist organization” (FTO)

“[T]he Proclamation and the Declarations that Respondents have submitted to this Court indicate that there is a factual basis for President Trump’s conclusions in the Proclamation,” Haines wrote. “Most of all, the Proclamation references the fact that the Secretary of State has designated TdA as an FTO pursuant to [Title 8 of the United States Code], a designation that heavily supports the conclusions within the Proclamation that TdA is a cohesive group united by a common goal of causing significant disruption to the public safety of the United States.”

The judge goes on to reason that TdA is engaged in a “predatory incursion” because an FTO is a “cohesive group of individuals united by a common goal of causing significant disruption to the common safety of the public,” likening the gang to military detachments and “pirates” that existed at the time the statute was enacted by quoting an 1832 Supreme Court decision.

“The Court calls the reader’s attention to the fact that ‘incursions’ was used here in reference to both pirates and robbers,” Haines wrote in reference to the quote. “In reading this quotation, the Court cannot help but ask: Is a Foreign Terrorist Organization like TdA not the modern equivalent of a pirate or robber?”

However, Haines rejected the Trump administration’s assertion that notifying detainees that they were being removed under the AEA with only 24 hours’ notice was insufficient. She ordered that detainees be given at least 21 days to challenge their designation under the statute, adding that such notification must be provided in a language the detainee can understand.