On Tuesday, a federal judge in Denver, Colorado, blocked a new round of potential deportations under the Alien Enemies Act (AEA).
U.S. District Judge Charlotte Sweeney, a Biden appointee, issued a temporary restraining order (TRO) blocking the removal of aliens from Colorado.
The ACLU and the Rocky Mountain Immigrant Advocacy Network stated during a hearing on Monday that two Venezuelan illegals were facing deportation to El Salvador’s CECOT prison under the Alien Enemies Act.
Judge Sweeney granted a TRO, ruling that aliens facing deportation under the AEA must be given 21 days’ notice before removal.
“The parties dispute what notice is required or would be sufficient. On one hand, Respondents contend twenty-four hours is enough. On the other, Petitioners urge the Court to impose a thirty (30) day notice requirement on Respondents and the government. After considering both parties’ arguments, Respondents are instructed—absent further guidance from the Supreme Court—to provide a twenty-one (21) day notice to Petitioners and the provisionally certified class they seek to represent, namely ‘All noncitizens in custody in the District of Colorado who were, are, or will be subject to the March 2025 Presidential Proclamation entitled Invocation of the Alien Enemies Act Regarding the Invasion of the United States by Tren de Aragua and/or its implementation,'” the judge wrote.
The judge also ruled that the Alien Enemies Act does not apply to this case because the United States is not at war with Venezuela. The judge’s TRO expires on May 6.
In an unprecedented move, the Supreme Court temporarily blocked the Trump Administration from deporting Venezuelan nationals under the Alien Enemies Act at 1 a.m. on Saturday.
On Friday, the ACLU rushed to two district courts as Venezuelan illegals in Abilene, Texas, were reportedly being loaded onto buses for deportation.
After the Trump-appointed judge in the Northern District of Texas refused to take emergency action, the ACLU sought relief from Judge Boasberg in D.C. Boasberg held an emergency hearing and informed ACLU lawyers that he did not have jurisdiction over plaintiffs in Texas.
The ACLU then bypassed the lower courts and filed an emergency application asking the Supreme Court to intervene.
The Supreme Court temporarily halted the deportations (with Justices Alito and Thomas dissenting) and blocked the Trump Administration from deporting a group of Venezuelan illegals.
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