A federal judge in Colorado has temporarily halted President Donald Trump’s administration from deporting Venezuelan migrants under the 1798 Alien Enemies Act, a law historically used only in wartime. The ruling mandates that detainees must receive 21 days’ notice before deportation and be informed of their right to challenge the removal “in a language the individual understands.”
U.S. District Judge Charlotte Sweeney expressed skepticism that the administration’s proposed 24-hour notice complied with the U.S. Supreme Court’s earlier directive requiring migrants be given the opportunity to contest their deportations in court.
The Trump administration had invoked the Alien Enemies Act to expedite the deportation of Venezuelan migrants accused of affiliations with the Tren de Aragua gang. However, legal challenges have arisen over the use of this wartime law in peacetime, with critics arguing it bypasses due process.
The ACLU spoke out on the ruling, stating, “Whatever due process may require in this context, it does not allow removing a person to a possible life sentence without trial, in a prison known for torture and other abuse, a mere 24 hours after providing an English-only notice form (not provided to any attorney) that gives no information about the person’s right to seek judicial review, much less the process or timeline for doing so. Nor, critically, did the notice tell individuals that although they are Venezuelan, they may be removed to El Salvador.”
This ruling adds to a series of legal setbacks for the administration’s immigration policies, highlighting the ongoing judicial scrutiny over the use of executive authority in deportation proceedings.
